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Report  of   Proceedings 


OF   THE     0 


AMERICAN 

MINING 

CONGRESS 


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Thirteenth  Annual  Session 

LOS  ANGELES,  CAL,  SEPT.  26-OCT.  1, 1910 


Published  by  the  American  Mining  Congress 
at  the  office  of  the  Secretary,  Denver,  Colo. 


REPORT  OF  PROCEEDINGS 


OF  THE 


American  Mining  Congress 


THIRTEENTH  ANNUAL  SESSION 

LOS  ANGELES,  CAL.,  SEPT.  26-OCT.  1 
1910 


Published  by  the  American  Mining  Congress 
At  the  Office  of  the  Secretary,  Denver,  Colo. 


! 


REMARKS 

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INDEX 

Page. 

Accidents  in  Mines,  report  of  committee 90 

Alaskan  Mining  Laws,  report  of  committee 78 

Auditing1   Committee,    report   of 185 

Bureau  of  Mines — 

Resolution    concerning    39 

Publications    of   36 

Work     of 35-36,  67 

Conservation   Resolutions,   report   of   sub-committee 85 

Credentials   Committee,   report   of 136 

Death  Rates  in  Foreign  Mines 123 

Directors,  election  of 193 

Federal  Legislation,  report  of  committee 77 

Financial  Statement  of  Secretary 185 

Forestry    Committee,    report   of 149 

Freight  Rates  on  Ores,  discussion 61-63 

International    Panama    Exposition 52-59 

Liability   Laws    133 

Members,    annual    meeting   of 183 

Mine  Accidents,  report  of  committee 90 

Mine  Fraud  Investigation  Committee,  report  of 74 

Mineral  Land  Laws,  report  of  committee 56 

Miners'   Phthisis,  resolution   concerning 159 

Nominating   Committee,    report    of 193 

Oil   Lands,   Departmental    rulings 70 

Permanent   Headquarters   of   the   Congress 186 

Resolutions  Adopted,   list  of 173 

Resolutions  Committee,  names  of 38 

Southern  Pacific  Oil  Lands 71 

Standardization  of  Electrical  Equipment  in  Coal  Mines 136 

Standardization  of  Electrical  Equipment  in  Metal  Mines 149 

SPEAKERS. 

Abbott,   James   W Response    to    Welcome   Address 27 

Railroads    and    Mine    Development 278 

Alexander,  George    Address  of  Welcome   12 

Anderson,  Alden    Address  of  Welcome   11 

Aubury,    Lewis    E Elimination  of  the  Mine  Faker 66-274 

Bain,    H.    Foster Federal    Leasing    System 124 

Ballinger,    Richard    A . Disposition    of    Public    Lands 286 

Barlow,   Chas.    A California     Oil     Situation 366 

Becker,   Tracy   C Freight  Rates    61 

Benjamin,    Edward    H Response  to  Welcome  Address 23 

Bretherton,    S.   E Hints    to    Ore    Shippers 255 

Brock,    R.    W Response  to  Welcome  Address 35 

Browne,  Ed.   F Credentials    73 

Buckley,  Dr.  E.  R Resolution    of   Thanks 166 

President's  Annual  Address 197 

Channing,    J.    Parke Prevention  of  Mine  Accidents 88 

Christy,  Prof.   S.  B Some    Mining    Problems 246 

Crawford,  Capt.  Jack Message    in    Poetry    54 

Day,   Dr.   David  T Some    Mining    Problems 68 

DeLestry,    E.    L Federal    Legislation     77 

Dern,   John    Response    to    Welcome   Address 32 

Permanent   Headquarters    186 

Dorsey,  Geo.  W.  E Response    to    Welcome   Address 31 

Resolution     of    Thanks 169 

Early  History  of  Mining  Congress 169 

Permanent   Headquarters    186 

Eberhardt,   Hon.  A.   O Conservation    302 

210515 


INDEX— Continued 

Page. 

Evans,  David  Employers'  Liability  Act 133 

Fox,  Chas.  P California  Oil  Situation ' 43 

Gibbon,  Thos.  E Presenting  Gavel  to  President 19 

California  Oil  Situation 369 

Gosper,  J.  J Conservation  131 

1911  Convention  156 

Graham,  S.  C California  Oil  Situation 385 

Holmes,  J.  A Work  of  Mining  Bureau 67-219 

Hull,  G.  W Federal  Leasing  System 125 

Ingalls,  W.  R Prevention  of  Mine  Accidents 88 

Jones,  C.  Colcock Iron  Ores  of  the  Southwest 265 

Malcolmson,  Jas.  W Response  to  Welcome  Address 27 

Employers  Liability  Act 134 

Mensch,  W.  A National  Industrial  Exposition 67-160 

Merrill,  Dr.  F.  J.  H Response  to  Welcome  Address 31 

Mondell,  Hon.  F.  W Private  Ownership  or  Leasing 289 

Montgomery,  E.  A Address  of  Welcome 14 

Norman,  Sidney Resolution  of  Thanks 167 

O'Donnell,  Thos.  A California  Oil  Situation 342 

Pinchot,  Gifford  Conservation  331 

Parker,  Edward  W Conserving  Our  Coal  Deposits 229 

Potter,  Chas.  F Federal  Landlordism  87-309 

Powell,  Col.  L.  W Response  to  Welcome  Address 20 

1911  Convention 164 

Ray,  L.  O Federal  Leasing  System 127 

Rice,  Geo.  S Mine  Accident  Investigations 235 

Ross,  David  Response  to  Welcome  Address 25 

Sampson,  Gen.  A.  J Response  to  Welcome  Address 20 

1911  Convention  156 

Scott,  Joseph  Address  of  Welcome 13 

Shields,  Harvey  M Response  to  Welcome  Address 29 

Conservation  in  New  Mexico 326 

Short,  Frank  H California  Oil  Situation 347 

Sloan,  Richard  E Conservation  and  Western  Development.  294 

Smith,  S.  C California  Oil  Situation 358 

Thompson,  C.  Henry Freight  Rates 63 

Some  Early  Mining  History 69 

Tyrrell,  Frank  G Address  of  Welcome 15 

Increasing  Membership  188 

Whittaker,  Geo.  E California  Oil  Industry 379 

Worthen,  B.  L Prevention  of  Miners'  Phthisis 159 

Wright,  A.  K Federal  Leasing  System 126 

PAPERS  AND  ADDRESSES. 

Annual    Address    of    the    President 197 

By  Dr.  E.  R.  Buckley.  Rolla,  Mo. 

The   Bureau   of   Mines   and   Its   Work 219 

By  Dr.  J.  A.  Holmes,  Washington,  D.  C. 

Conserving  Our  Coal  Deposits 228 

By  Dr.  Edward  W.  Parker,  Washington,  D.  C. 

Mine  Accident  Investigations  of  the  Bureau  of  Mines 235 

By  Mr.  George  S.  Rice,  Washington,  D.  C. 

Address  of  Prof.  S.  B.  Christy,  Berkeley,  Cal. 247 

Hints  to  Ore  Shippers    255 

By  Mr.  S.  E.  Bretherton,  San  Francisco,  Cal. 

Iron  Ores  of  the  Southwest 265 

By  Mr.  C.  Colcock  Jones,  Los  Angeles,  Cal. 

Elimination    of   the   Mine    Faker 274 

By  Mr.  Lewis  E.  Aubury,  San  Francisco,  Cal. 

Railroads  and  Mining  Development 278 

By  Mr.  James  W.  Abbott,  Pioche,  Nev. 

Proposed  Legislation   for  the  Disposition   of  the   Public  Lands 286 

By  Hon.  Richard  A.  Ballinger,  Washington,  D.  C. 


INDEX— Continued 


Page. 

Shall  We  Have  Private  Ownership   or  Leasing  System 289 

By  Hon.  F.  W.  Mondell,  Washington,  D.  C. 

Conservation  as  It  Affects  Western  Development 294 

By  Hon.  Richard  E.  Sloan,  Phoenix,  Ariz. 

Conservation    302 

By  Hon.  A.  O.  Eberhardt,  St.   Paul,  Minn. 

True   Conservation   and  Its   Relation   to   the   National   Government   as   a 

Landlord 309 

By  Mr.  Charles  F.  Potter,  Denver,  Colo. 

Effect  of  the  Conservation  Policy  in  New  Mexico 326 

By  Dr.  Harvey  M.  Shields,  Dawson,  N.  M. 

Conservation  as  It  Affects  the  Oil  Industry  of  California: 

By  Hon.  Gifford   Pinchot,    Washington,   D.    C 331 

By  Mr.  Thos.  A.   O'Donnell.  Los  Angeles,   Cal 342 

By  Hon.   Frank  H.   Short,   Fresno,  Cal 347 

By  Hon.   S.  C.  Smith.  Bakersfield,  Cal 358 

By  Hon.  Charles   A.    Barlow,   Bakersfield,    Cal 366 

By  Mr.  Thomas  E.   Gibbon,  Los  Angeles,   Cal 369 

By  Mr.  George  E.  Whittaker,  Los  Angeles,  Cal 379 

By  Mr.  S.  C.  Graham,  Los  Angeles,  Cal. 385 


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Official   Roster,   1910 


OFFICERS. 

E.  R.  BUCKLEY,  President. 

JOHN  DERN,  First  Vice-President. 

GEO.  W.  E.  DORSET,  Second  Vice-President. 

SAMUEL  A.  TAYLOR,  Third  Vice-President. 

J.     F.     CALLBREATH,    JR.,     Secretary. 

DIRECTORS. 

E.  R.  BUCKLEY,  Rolla,  Mo. 

JOHN  DERN,  Salt  Lake  City,  Utah. 

D.  W.  BRUNTON,  Denver,  Colo. 

E.  A.  MONTGOMERY,  Los  Angeles,  Cal. 
A.  G.  BROWNLEE,  Denver,  Colo. 

SAMUEL  A.  TAYLOR,  Pittsburg,  Pa. 

GEO.  W.  E.  DORSEY,  Salt  Lake,  Utah. 
GEORGE  WINGFIELD,  Reno,  Nev. 
B.  F.  BUSH,  Baltimore,  Md. 

ADVISORY  BOARD. 

L.  W.  POWELL,  Bisbee,  Ariz. 

DUNCAN  MacVICHIE  Salt  Lake,  Utah. 
A.  W.  McINTIRE,  Seattle,  Wash. 

MATT  BAUMGARTNER,  Spokane,  Wash. 
J.  D.  COPLEN,  Globe,  Ariz. 

HUGH  BROWN,  Tonopah,  Nev. 

SIDNEY  NORMAN,   Los  Angeles,   Cal. 

J.  FRANK  WATSON,  Portand,  Ore. 

D.  W.  BRUNTON,  Denver,  Colo. 

STATE   VICE-PRESIDENTS. 

ALASKA — Lynn  W.  Storm,  Valdez. 

ARKANSAS — A.  W.  Estes,  Yellville. 
ARIZONA — J.  D.  Coplen,  Globe. 

CALIFORNIA — E.  H.  Benjamin,  San  Francisco. 
CANADA — Hon.  H.  H.  Lang,  Cobalt,  Ont. 

COLORADO — E.    M.    DeLaVergne,    Colorado    Springs. 
DELAWARE — Hugh  C.  Browne,  Wilmington. 
IDAHO — J.   H.   Richards,  Boise. 

ILLINOIS— J.  A.  Ede,  La  Salle. 
KANSAS — Erasmus  Haworth,  Lawrence. 
MISSOURI — Elias  S.  Gatch,  St.  Louis. 
NEVADA — H.  H.  Brown,  Tonopah. 

NEW  MEXICO — C.  T.  Brown,  Socorro. 

NEW  YORK — Dr.  James  Douglas,  New  York. 
OREGON — J.  Frank  Watson,  Portland. 
OHIO — F.  L.  Patrick,  Columbus. 

OKLAHOMA — C.  N.  Gould,  Norman. 
PENNSYLVANIA — Alexander  Dempster,  Pittsburg. 
SONORA  (MEXICO) — David  Cole,  Cananea. 
SOUTH  DAKOTA — T.  J.  Grier,  Lead. 
TEXAS — Wm.  B.  Phillips,  Austin. 

UTAH — Duncan  MacVichie,  Salt  Lake  City. 
VIRGINIA — E.  A.  Schubert,  Roanoke. 

WASHINGTON — Matt  Baumgartner,  Spokane. 

WEST  VIRGINIA — I.  C.  White,  Morgantown. 

WISCONSIN — W.  A.  Jones,  Mineral  Point. 

WYOMING — Edwin  Hall,  Cheyenne. 


Committees,   1910 


EXECUTIVE  COMMITTEE. 

D.  W.  BRUNTON,  Denver,  Colo. 

JOHN  DERN,  Salt  Lake  City,  Utah. 

A.  G.  BROWNLEE,  Denver,  Colo. 

AUDITING  COMMITTEE. 

D.  W.  BRUNTON,  Denver,  Colo.  R.  L.  HERRICK,  Denver,  Colo. 

GENERAL  REVISION   OF   MINERAL   LAND   LAWS. 

E.  B.  KIRBY,  St.  Louis,  Mo.,  Chairman. 

WILL  L.  CLARK,  Jerome,  Ariz. 

W.  H.   DICKSON,  Salt  Lake,  Utah. 

F.  G.  TYRRELL,  Los  Angeles,  Cal. 

M.     BAUMGARTNER,     Spokane,     Wash. 

SMELTER   RATES. 

HARRY  L.  DAY,  Wallace,  Idaho,  Chairman. 

S.  E.  BRETHERTON,  San  Francisco,   Cal. 
JAMES  H.  FOX,  Seattle,  Wa.sh. 

B.  N.  LEHMAN,  Salt  Lake,  Utah. 

STUART     CROASDALE,    Denver,    Colo. 

FEDERAL   LEGISLATION. 

JOHN  HAYS  HAMMOND,  New  York,  N.  Y.,  Chairman. 
J.  H.  RICHARDS,  Boise,  Idaho. 

E.  L.  DE  LESTRY,  St.  Paul,  Minn. 

D.    W.    BRUNTON,    Denver,    Colo. 

UNIFORM  MINING  LAWS. 

W.  R.  INGALLS,  New  York,  N.  Y.,  Chairman. 

DR.  JAMES  DOUGLAS,  New  York,  N.  Y. 

J.  P.  CHANNING,  New  York,  N.  Y. 

J.  R.  FINLAY,  Goldfield,  Nev. 

J,     H.     HAMMOND,     New     York,     N.     Y. 

MINING    FRAUD    LEGISLATION. 

THOS.  E.  KEPNER,  Reno,  Nev.,  Chairman. 
M.  N.  GRANT,  Laramie,  Wyo. 

CLARK  R.  MAHAN,  Los  Angeles,  Cal. 

THERON  STEVENS,   Goldfield,  Nev. 

ALASKAN  MINING  LAWS. 

HENRY  R.  HARRIMAN,  Seattle,  Wash.,  Chairman. 

M.  D.  LEEHEY,  Seattle,  Wash. 

J.   L.   STEELE,   Seattle,   Wash. 

COAL  TAX  INSURANCE  FUND. 

JOHN  H.  JONES,  Pittsburg,  Pa.,  Chairman. 
DAVID  ROSS,  Springfield,  111. 

J.  W.  DAWSON,  Charleston,  W.  Va. 

W.  R.  WOODFORD,  Pittsburg,  Pa. 

THOS.  L.  LEWIS,  Indianapolis,  Incl. 


OF -HE 

UNIVERSITY 


OFFICERS  AND  DIRECTORS 


JOHN  DERN 

President 
Salt  Lake  City,  Utah 


SAMUEL  A.  TAYLOR 

First  Viee-President 

Pittsburgh,   Pennsylvania 


J.   F.    CALLBREATH,   JR. 

Seeretary 
Denver,    Colorado 


I).  W.  BRl  \TO\ 
eond  ViecrPrenldt 
Denver,  Colorndo 


AMERICAN  MINING  CONGRESS 


E.   A.   MONTGOMERY 

Third  Vice-President 

I. os   Angeles,  California 


GEORGE    WINGFIELD 

Director 
I toiio,  Nevada 


A.  G.  BROWJVI.EE 

Director 
Denver,  Colorado 


CHAS.  A.  BARLOW 
Director 

California 


E.  R.  BUCKLEY 

Director 
Rolln.    >li.MMoiiri 


Official  Roster,  1911 


OFFICERS. 

JOHN  DERN,  President. 

SAMUEL,  A.  TAYLOR,  First  Vice-President. 

D.  W.  BRUNTON,  Second  Vice-President. 

E.  A.  MONTGOMERY,  Third  Vice-President. 

J.  F.  CALLBREATH,  JR.,  Secretary. 
DIRECTORS. 

JOHN  DERN,  Salt  Lake  City,  Utah. 
E.  R.  BUCKLEY,  Rolla,  Mo. 

D.  W.  BRUNTON,  Denver,  Colo. 

E.  A.  MONTGOMERY,  Los  Angeles,  Cal. 
A.  G.  BROWNLEE,  Denver,  Colo. 

SAMUEL  A.  TAYLOR,  Pittsburg,  Pa. 
L.  W.  POWELL,  Warren,  Ariz. 

GEORGE  WINGFIELD,  Reno,  Nev. 

CHAS.    A.    BARLOW,    Bakersfield,    Cal. 
ADVISORY  BOARD. 
L.  W.  POWELL,  Warren,  Ariz. 

DUNCAN  MacVICHIE,  Salt  Lake,  Utah. 
A.  W.  McINTIRE,  Seattle,  Wash. 

MATT  BAUMGARTNER,   Spokane,  Wash. 
J.  D.  COPLEN,  Globe,  Ariz. 

HUGH  BROWN,  Tonopah,  Nev. 

SIDNEY  NORMAN,  Los  Angeles,  Cal. 

J.  FRANK  WATSON,  Portland,  Ore. 

D.  W.  BRUNTON,  Denver,  Colo. 
EXECUTIVE  COMMITTEE. 
IX  W.  BRUNTON,  Denver,  Colo. 

JOHN  DERN,  Salt  Lake  City,  Utah. 

A.  G.  BROWNLEE,  Denver,  Colo. 
AUDITING  COMMITTEE. 
D.  W.  BRUNTON,  Denver,  Colo.  E.  G.  REINERT,  Denver,  Colo. 

STATE  VICE-PRESIDENTS. 
ALASKA— Chas.  Estmere,  Candle. 

ARKANSAS— A.  W.  Estes,  Yellville. 
ARIZONA— Will  L.  Clark,  Jerome. 

CALIFORNIA— Seeley  W.  Mudd,  Los  Angeles. 
CANADA— Hon.  H.  H.  Lang,  Cobalt,  Ont. 
COLORADO — E.  A.  Colburn,  Denver. 

DELAWARE — Hugh  C.  Browne,  Wilmington. 
IDAHO— J.  H.  Richards,  Boise. 
ILLINOIS— J.  A.  Ede,  La  Salle. 

KANSAS — Erasmus  Haworth,  Lawrence. 
MINNESOTA — E.  L.  DeLestry,  St.  Paul. 
MISSOURI — H.  H.  Gregg,  Joplin. 

NEVADA — H.  H.  Brown,  Tonopah. 

NEW  MEXICO — C.  T.  Brown,  Socorro. 
NEW  YORK— Dr.  James  Douglas,  New  York. 
OREGON — J.  Frank  Watson,  Portland. 
OHIO— C.  O.  Bartlett,  Cleveland. 

OKLAHOMA— C.  N.  Gould,  Norman. 

PENNSYLVANIA— J.  V.  Thompson,  Uniontown. 
SONORA  (MEXICO)— David  Cole,  Cananea. 
SOUTH  DAKOTA— T.  J.  Grier,  Lead. 
TEXAS— Wm.   B.   Phillips,  Austin. 

UTAH— Duncan  MacVichie,  Salt  Lake  City. 
VIRGINIA— E.  A.  Schubert,  Roanoke. 

WASHINGTON— Matt  Baumgartner,  Spokane. 

WEST  VIRGINIA— I.  C.  White,  Morgantown. 

WISCONSIN— Geo.  L.  Jarrett,  Platteville. 

WYOMING — Edwin    Hall,    Cheyenne, 


REPORT  OF  THE  PROCEEDINGS 

OF  THE 

Thirteenth  Annual  Session  of  the  American 
Mining  Congress 


Held  at  Los  Angeles,  California 
September  26  to  October  1,  Inclusive,  1910 


MONDAY,  SEPTEMBER  26,   1910. 
Opening  Session. 

10:00  O'clock  A.  M. 

PRESIDENT  BUCKLEY:  The  Thirteenth  Annual  Session  of  the 
American  Mining  Congress  will  please  be  in  order. 

The  invocation  which  was  to  be  given  by  the  Rev.  Baker  P.  Lee 
must  be  dispensed  with,  owing  to  the  fact  that  that  gentleman  was 
obliged  to  leave  before  the  opening  of  this  session. 

Ladies  and  Gentlemen:  It  gives  me  very  great  pleasure  this  morn- 
ing to  introduce  to  you  Hon.  Alden  Anderson,  who  will  extend  the  ad- 
dress of  welcome  on  behalf  of  the  State  of  California. 

GOVERNOR  ANDERSON:  Mr.  President,  Ladies  and  Gentlemen: 
I  am  first  charged  with  the  duty  of  expressing  to  you  the  keen  regret 
of  Governor  Gillette  at  his  inability  to  be  present  to  extend  the  wel- 
come to  you  in  person.  Governor  Gillette,  as  all  true  Californians 
are,  is  greatly  interested  in  the  industry  which  you  represent.  It  mat- 
ters not  whether  they  are  natives  or  whether  they  are  citizens  by 
adoption,  Californians  absorb,  as  it  were,  the  interest  in  your  industry. 
I  myself  am  not  directly  interested  in  mining,  but  I  claim  my  due  share 
of  that  interest.  I  am  the  son  of  a  >pioneer,  one  ,of  those  men  who, 
when  they  heard  the  news  of  the  finding  of  that  nugget  by  Marshall, 
which  news  electrified  the  civilized  world  and  turned  the  tide  of  Anglo- 
Saxon  immigration  to  our  shores,  braved  the  hardships  of  the  desert 
and  of  the  ocean,  to  come  here  to  delve  into  our  mountains  for  the  hid- 
den treasures.  I  am  also  a  son-in-law  of  one  of  the  men  who  camped 
upon  the  Comstock  lode,  and  there,  in  the  absence  of  a  better  method, 
paced  off  the  claims  which  they  afterwards  developed  and  which  made 
mining  on  this  western  slope  a  password  with  respect  to  great  doings 
throughout  the  world.  But  times  have  changed  since  then,  and  you 
today  are  interested  in  the  same  industry,  although  adding  many  other 
minerals  to  your  list  than  the  one  which  attracted  our  forefathers  to 
this  coast.  You  have  your  problems  to  work  out  and  you  must  keep 
abreast  of  the  times. 

I  know  of  no  better  illustration  of  the  changes  that  have  been 
wrought  in  the  mining  world  than  those  mighty  dredges  now  being 
operated  almost  within  hailing  distance  of  the  spot  where  Marshall 
picked  up  that  nugget — those  immense  machines,  involving  an  expend- 
iture of  over  nine  million  dollars,  running  night  and  day  upon  that 
very  soil  where  those  men  worked,  and  obtained,  in  paying  quantities, 
that  for  which  they  sought.  I  have  watched  those  machines  at  their 


12  OFFICIAL  PROCEEDINGS 

work.  I  know  little  of  mining,  but  it  was  a  great  demonstration  to  me 
of  the  changes  that  are  taking  place.  One  of  the  most  interesting 
things  to  see  was,  among  the  other  things  that  they  preserved,  that 
they  obtained  from  the  land  shot  from  a  small  No.  9  to  BB,  and  bullets 
of  the  .22  calibre  and  old  slugs  from  the  rifles  used  by  those  men  in 
the  places  where  they  hunted  and  spent  their  days  in  their  pastimes, 
little  thinking  that  the  shot  which  they  then  expended  would  be  later 
recovered.  It  only  suggested  to  my  mind  the  great  possibilities,  if  you 
are  successful  in  your  endeavors,  of  the  things  that  will  yet  be  done. 
A  few  weeks  ago  I  was  in  the  town  of  Redding,  in  the  northern  portion 
of  this  state.  I  happened  to  be  in  a  foundry,  and  I  saw  tons  of  iron 
which  I  was  informed  had  been  reduced  by  the  electrical  process  in  a 
town  near  that  city.  I  was  informed  that  in  quality  it  was  second  to 
none  of  its  class,  but  that,  commercially,  as  yet  it  was  not  upon  a  pay- 
ing basis. 

You  gentlemen  are  creators  of  wealth.  The  things  that  you  ob- 
tain come  from  no  other  man.  You  are  entitled  to  the  consideration 
and  the  support  of  all  the  people  engaged  in  legitimate  enterprise.  I 
hope  that  in  those  problems  you  have  to  solve  you  will  work  together, 
that  you  will  give  your  practical  experience  to  those  who  have  posses- 
sion of  the  theoretical  facts,  and  that  you  will  work  your  problems  out 
upon  lines  that  will  do  the  most  good  to  those  interested  in  the  in- 
dustry and  to  the  whole  country. 

I  am  glad  indeed  that  you  are  holding  this  session  here  in  Los 
Angeles,  the  hospitality  of  whose  people  and  the  geniality  of  whose 
climate  are  household  words  throughout  the  nation  and  whose  mar- 
velous development  and  magnificent  enterprise  and  faith  in  themselves 
are  the  pride  of  the  people  of  California. 

Again,  in  the  name  of  all  the  people  of  this  great  state,  I  welcome 
you  to  your  labors,  and  wish  for  you  a  most  harmonious  and  beneficial 
session. 

I  thank  you.     (Applause.) 

PRESIDENT  BUCKLEY:  It  is  my  pleasure  now  to  introduce  to  you 
Mayor  George  Alexander  of  Los  Angeles,  who  will  make  the  address  of 
welcome  on  behalf  of  this  beautiful  city. 

MAYOR  ALEXANDER:  Mr.  Chairman,  Ladies  and  Gentlemen 
and  Delegates  to  the  American  Mining  Congress:  I  assure  you  that  it 
gives  me.  great  pleasure  this  morning  to  welcome  to  the  city  of  Los 
Angeles  the  delegates  and  members  of  this  Congress.  When  we  look 
back  sixty  years — for  that  is  about  the  time  when  the  mining  industry 
in  this  state  started — we  can  see  the  great  things  that  have  been  ac- 
complished by  you  people,  but  when  we  look  back  for  only  fifteen  years, 
in  addition  to  mining  for  the  precious  metals  we  find  the  oil  industry, 
and  we  are  simply  amazed. 

This  Congress  is  one  of  the  greatest  congresses  or  conventions  that 
has  ever  met  with  us,  and  we  are  very  much  pleased  to  have  you  with 
us.  You  have  grave  and  important  subjects  to  discuss,  and  the  solution 
of  the  problems  before  you  will  benefit  the  whole  country.  When  we 
look  at  the  future  and  consider  what  will  happen  when  we  have  the 
Panama  canal,  with  the  oil  fields  and  the  mines  and  all  the  good  things 
we  have  on  the  Pacific  coast,  we  can  hold  up  our  heads  and  tell  the 
people  of  the  world  that  they  do  not  know  what  we  have,  and  to  come 
and  see  us.  Los  Angeles  is  always  ready  and  glad  to  have  these  meet- 
ings. We  are  a  hospitable  people — we  pride  ourselves  in  that.  We 
want  to  make  you  feel  that  you  are  at  home  here,  and  during  your  de- 
liberations here  of  course  you  will  be  busy,  but  you  will  be  at  leisure 
to  some  extent.  When  you  are  not  busy  here  we  would  like  to  entertain 
you.  We  want  you  to  see  Southern  California,  we  want  you  to  see  Los 
Angeles,  and  we  want  you  to  see  the  Pacific  coast  generally.  We  have 
many  things  here  that  you  do  not  have  in  the  eastern  and  northern 
countries.  We  have  beautiful  orange  groves  and  many  things  that  are 


AMERICAN  MINING  CONGRESS  13 

rare  in  some  pa.rts  of  our  country.  We  have  the  best  electric  suburban 
car  system,  I  believe,  in  the  world. 

Now,  it  gives  me  great  pleasure,  ladies  and  gentlemen,  to  tender  to 
you  the  freedom  of  this  city;  and,  Mr.  President,  I  want  to  present  to 
you  the  key  to  the  city  of  Los  Angeles.  We  hope  you  will  enjoy  your- 
selves here  and  have  such  a  good  time  that  you  will  be  glad  to  come 
again. 

I  thank  you.        (Applause.) 

PRESIDENT  BUCKLEY:  Mr.  Mayor,  I  assure  you  that  the  mem- 
bers of  the  American  Mining  Congress,  the  delegates  and  the  ladies, 
will  all  use  this  key  judiciously,  and  that  it  will  not  be  used  for  any 
purpose  that  you  might  think  questionable  in  your  administration. 

MAYOR  ALEXANDER:      I  do  not  doubt  that. 

PRESIDENT  BUCKLEY:  I  understand  that  the  mayor  of  this  city 
has  his  eye  on  every  corner  and  every  crevice  of  the  city's  industrial  and 
other  activities,  and  I  might  say,  as  a  word  of  caution  to  the  members 
and  delegates  present,  that  they  may  expect  to  find  His  Honor,  the 
mayor,  at  every  lamp-post  should  they  be  conducting  any  business 
which  might  not  be  consistent  with  the  regulations  of  the  city  of  Los 
Angeles.  I  promised  my  friends  that  in  making  these  introductory  re- 
marks I  would  not  make  a  speech,  and  for  that  reason  I  will  simply 
thank  the  mayor  of  the  city  of  Los  Angeles  for  this  very  generous  wel- 
come and  assure  him  that  we  will  take  very  great  pleasure  in  visiting 
the  various  places  of  entertainment  which  Los  Angeles  and  the  Pacific' 
Coast  provide  for  the  people  of  the  east  and  of  the  central  states  who 
come  to  this  most  delightful  climate. 

I  now  have  the  pleasure,  ladies  and  gentlemen,  of  introducing  to 
you  the  president  of  the  Chamber  of  Commerce,  Honorable  Joseph  Scott 
of  Los  Angeles. 

HON.  JOSEPH  SCOTT:  Mr.  President,  Ladies  and  Gentlemen: 
You  have  received  a  welcome  on  the  part  of  the  state  and  on  the  part 
of  the  city,  but  it  has  been  thought  well  that,  away  from  the  public  side 
of  these  questions,  there  should  be  injected  here  for  your  attention  for 
a  moment,  the  cold-blooded  commercial  side  so  that  you  can  understand 
a  little  of  the  activities  of  this  city  and  this  vicinity.  We  have  a  great 
state  here;  we  have  a  great  city  here;  we  are  as  free  from  the  problem 
of  misgovernment  in  this  city  and  in  this  state  as  most  other  commun- 
ities and  most  other  commonwealths.  But,  outside  of  all  those  questions 
of  political  activities,  there  have  been  cold  and  stern  facts  with  which 
we  of  the  commercial  world  have  had  to  wrestle  independently  of  pol- 
itics; for,  gentlemen,  you  are  here  for  stern  and  sober  business. 

I  desire,  on  behalf  of  the  Chamber  of  Commerce,  of  which  I  happen 
to  be  president  for  the  time  being,  to  extend  to  you  a  cordial  and  kindly 
welcome  to  examine  into  our  industries  and  into  our  conditions,  and  to 
take  a  good  view  of  our  city  and  those  parts  of  the  country  adjacent  to 
it  that  you  have  an  opportunity  to  visit.  We  have  had  to  wrestle  with 
problems  in  this  vicinity.  We  have  had  to  conserve  our  natural  re- 
sources, and  we  have  had  to  develop  our  natural  resources. 
We  have  had  here  in  this  vicinity  problems  that  taxed  the 
strongest  of  men.  We  have  had  to  go  over  two  hundred  miles  away  to 
get  water  to  supply  this  municipality.  W"e  have  had  to  wrestle  with  the' 
problems  of  irrigation,  and  we  have  had  to  stand  and  face  the  problems 
of  railroad  transportation,  and  all  the  difficulties  that  frontier  people 
must  face,  and  we  therefore  very  naturally  have  a  fellow  feeling  for  men 
of  your  character.  You  are  the  men  who  have  gone  out  on  the  frontier 
of  civilization  and  laid  the  foundation  for  the  activities  that  have  been 
developed  in  that  direction;  and  you  are  the  one  class  of  people,  after 
all,  in  this  world  that  offer  to  the  poor  devil  who  has  not  a  cent  to  his 
name  an  opportunity  to  dream,  at  least,  that  some  day  he  will  be  a 
millionaire;  and  as  I  look  upon  the  faces  of  you  men  here,  and  know  the 


14  OFFICIAL  PROCEEDINGS 

measure  of  some  of  you  that  are  locally  connected  with  the  organization 
and  the  activities  of  mining  here  in  this  country,  I  say  you  are  a  credit 
to  this  municipality  and  a  credit  to  this  country,  because  you  are  point- 
ing out  a  way  to  the  man  who  is  inclined  to  be  despondent  and  depressed 
and  because  you  give  us  that  splendid  evidence  of  robust  American  spirit 
which  enables  a  man  to  go  out  in  spite  of  difficulties,  in  spite  of  re- 
verses, in  spite  of  depressions,  and  keep  everlasting  hope  in  his  heart 
that  the  day  is  coming  when  he  will  get  what  he  wants — a  competence, 
not  merely  for  himself  but  for  his  loved  ones  and  so  that  he  might  share 
a  dollar  with  the  poor  devil  who  has  not  had  the  luck  he  has  had  to 
make  it. 

Now,  that  is  the  spirit  we  want  here  in  Los  Angeles;  that  is  the 
class  of  citizenship  that  is  making  this  city.  Our  good  mayor  has  given 
you  the  key  to  our  city,  and  it  is  a  good  city,  too,  and  he  is  a  credit  to 
this  municipality.  Mining  men  are  honorable  men,  and  they  are  en- 
titled to  the  credit  of  being  first-class  American  citizens,  and  you  have 
no  apology  to  offer  to  anyone  by  reason  of  the  fact  that  you  are  in  that 
magnificent  enterprise  and  profession;  and  I  say  to  you  therefore,  on 
behalf  of  this  Chamber,  which  has  a  membership  of  three  thousand  at 
this  time,  which  numbers  among  its  ranks  every  single  man  in  your 
business  who  has  any  standing  whatever  along  this  line — I  want  to  say 
to  you  that  we  are  glad  to  see  you  here;  that  we  recognize  in  you  men 
who  are  going  to  discuss  the  questions  that  concern  you  without  the 
anxieties  and  disturbances  which  come  to  the  fellow  that  cannot  play  a 
losing  game  once  in  a  while.  In  other  words,  if  you  cannot  be  winners 
you  are  going  to  be  philosophical  losers,  and  that  is  the  kind  of  spirit 
that  we  need.  Here  in  the  city  of  Los  Angeles  we  can  show  you  things 
which  have  demonstrated  the  fact  that  this  is  one  great  big  country  after 
all.  I  do  not  care  what  part  of  the  east  or  middle  west  or  the  north 
you  come  from,  you  will  find  on  the  streets  of  Los  Angeles  men  who 
knew  you  in  your  home  town.  This  is  no  pueblo  any  more. 

We  are  going  to  show  the  whole  world  the  biggest  gain — and  with- 
out any  padding  either — of  any  city  since  1900  that  is  on  the  map  of 
the  United  States  today,  and  it  has  been  produced  very  largely  by  the  fact 
that  we  boost  our  own  game,  and  we  do  not  wait  until  the  other  fellow 
gets  in  and  helps  us.  We  boost  anyhow.  So  now,  gentlemen,  if  you 
find  others  boosting  a  little,  take  courage  from  the  lesson  I  have  pointed 
out  to  you  and  boost  your  game  and  do  not  allow  any  profession,  any 
business,  any  class  of  men  to  say  that  they  can  hold  a  candle  to  you. 

In  conclusion  let  me  extend  to  you  all,  and  particularly  the  ladies, 
a  cordial  invitation  to  attend  the  reception  in  your  honor  at  the  Cham- 
ber of  Commerce  tomorrow  evening. 

PRESIDENT  BUCKLEY:  The  only  thing  we  have  to  regret  is  that 
the  other  fellows  who  are  on  the  way  are  not  here. 

I  take  great  pleasure  in  introducing  to  you  Mr.  E.  A.  Montgomery, 
President  of  the  Sierra  Madre  club,  the  club  which  has  so  ably  managed 
the  local  affairs  connected  with  the  American  Mining  Congress  in  rela- 
tion of  this  convention. 

MR.  MONTGOMERY:  It  is  very  gratifying  to  me  to  be  able  to 
meet  with  you  here  today,  representatives,  as  you  are,  of  the  mining  in- 
dustry with  which  we  are  so  proud  to  be  identified. 

As  a  miner,  having  devoted  most  of  my  life  to  that  one  industry  ex- 
clusive of  all  others,  experiencing  varied  successes  and  disappointments, 
mingling  with  the  real  miner  in  all  branches  of  the  industry  from  the 
prospector  to  the  owner  and  operator,  I  can  truthfully  say  that  no  class 
of  men  is  our  superior.  Whether  the  miner  be  rich  or  poor,  the  quality 
of  the  man  is  so  apparent  in  his  whole-souled  generosity  toward  his 
brother  miner  and  toward  all  mankind,  that  men  of  the  mining  world 
become  as  it  were  by  instinct  fraternal  brothers;  and  to  be  privileged  to 
stand  on  the  floor  of  this  convention,  which  is  the  most  important  con- 
vention the  American  Mining  Congress  has  ever  held,  and  to  represent 


AMERICAN  MINING  CONGRESS  15 

the  mining  interests  in  however  small  capacity  I  may  be  privileged  to 
do,  is  a  great  pleasure  and  honor. 

In  addressing  you  as  I  do,  I  speak  in  behalf  of  the  Sierra  Madre 
Club,  which  is  the  host  on  this  occasion,  and  which  is  responsible  for  the 
bringing  of  the  Congress  to  our  city  at  this  time,  and  under  whose  aus- 
pices the  arrangements  have  been  made.  The  Sierra  Madre  Club,  which 
is  entirely  a  social  organization,  with  the  exception  of  its  members  all 
being  members  of  the  American  Mining  Congress  and  it  thereby  being  a 
branch  of  that  great  organization,  has  had  less  than  two  years'  existence, 
as  the  birth  of  the  club  took  place  in  November,  1908;  and  to  be  dele- 
gated to  speak  in  behalf  of  that  club  a  few  words  of  welcome  to  the  mem- 
bers and  visitors  of  this  great  Congress,  is  my  privilege  and  my  pleasure. 

The  members  of  the  Club,  like  myself,  are  appreciative  of  the  honor 
of  being  members  of  the  American  Mining  Congress,  and  of  participating 
in  the  work  of  this  session  of  the  Congress  at  our  own  home;  and  during 
the  days  of  this  session  the  doors  of  the  Club  will  be  found  open  to  you 
at  all  times. 

Some  of  our  distinguished  speakers  have,  without  doubt,  been 
greatly  inconvenienced  by  the  long  journey  they  have  been  compelled  to 
make  on  account  of  the  distance  to  our  city  from  their  homes,  and  to 
them  all  we  extend  our  heartiest  thanks  and  appreciation;  and  to  every 
delegate  who  is  in  attendance  during  this  session  we  extend  a  mining 
man's  welcome.  I  hope  you  may  all  realize  the  importance  of  being  in 
attendance  every  day  and  hour  during  the  session,  for  at  this  time  the 
mining  man  has  need  to  be  active  in  exercising  his  good  judgment  and 
in  taking  part  in  discussions  on  subjects  which  will  so  vitally  affect  the 
mineral  resources  of  this  great  nation.  We  cannot  become  too  well  en- 
lightened as  to  how  we  should  vote  when  resolutions  are  offered,  as  these 
resolutions  will  undoubtedly  have  great  influence  with  our  National 
Congress  when  legislation  is  asked.  I  heartily  endorse  the  American 
Mining  Congress,  and  hope  undivided  support  may  be  given  it  by  our 
western  mine  and  oil  operators. 

I  am,  like  all  my  brother  miners,  appreciative  of  the  ladies;  and 
make  special  request  that  they  be  in  regular  attendance,  as  they  do  us 
honor  by  their  presence. 

I  want  to  thank  the  citizens  of  Los  Angeles  for  the  part  they  have 
taken  in  sharing  with  the  Club  in  the  entertainment  of  the  Congress, 
which  is  evidence  of  their  appreciation  of  the  importance  of  this  con- 
vention and  what  it  means  to  the  mining  and  oil  industry,  which  is  now, 
in  California,  the  greatest  industry  of  the  state. 

PRESIDENT  BUCKLEY:  I  have  had  the  pleasure  on  several  oc- 
casions of  passing  through  what  is  known  as  the  "Great  Southwest," 
and  never  knew  definitely  what  was  included  in  that  term.  I  never 
knew  when  I  passed  from  New  Mexico  into  Arizona  or  from  Arizona  into 
California.  But  somewhere  down  in  this  part  of  the  United  States  they 
have  a  territority  called  the  "Great  Southwest"  and  they  include  in  that 
"Great  Southwest"  all  of  the  great  mines  of  this  section  of  the  country; 
they  include  all  the  great  forests  in  this  section  of  the  country, 
they  include  all  the  great  orchards,  all  the  great  irrigation  projects,  in 
fact  they  are  going  out,  I  guess,  as  far  as  they  can  and  include  every- 
thing of  value  in  the  western  part  of  the  continent.  We  have  a  gentle- 
man here  today  who  is  well  known  to  the  people  of  Los  Angeles,  who  is 
well  known  to  the  people  of  the  state  of  California,  and  perhaps  better 
acquainted  in  the  "Great  Southwest"  than  any  other  man  in  his  profes- 
sion, who  is  going  to  extend  to  you  a  welcome  from  this  great  south- 
western part  of  the  United  States.  I  have  great  pleasure  in  introducing 
to  you  Honorable  Frank  G.  Tyrrell  of  Los  Angeles. 

HON.  FRANK  G.  TYRRELL:  Mr.  Chairman,  Delegates,  Ladies 
and  Gentlemen:  I  assure  you  the  pleasure  is  mine  today  to  lift  up  my 
voice  in  the  chorus  of  welcome.  I  trust,  however,  that  this  will  not  be 
so  extensive  and  so  continuous  a  performance  as  to  monopolize  your  val- 
uable time.  We  realize  always  that  you  gentlemen  represent  great  in- 


16  OFFICIAL  PROCEEDINGS 

terests,  that  you  have  some  serious  problems  confronting  you,  that  you 
are  here  for  business,  and  yet  just  a  word  or  two  perhaps  added  to  what 
has  already  been  so  cordially  said  may  discharge  a  duty  that  is  encumb- 
ent  upon  somebody  to  speak  for  this  indefinite  territory,  this  territory 
with  uncertain  boundaries  characterized  the  "Great  Southwest."  If  you 
will  put  your  thumb  on  the  city  of  Los  Angeles,  on  a  map  of  these  United 
States,  and,  with  your  fingers  outspread  like  a  compass,  describe  a  semi- 
circle from  the  shore  line  of  the  Pacific  and  back  again  to  the  Pacific, 
you  will  include  California,  Nevada,  Arizona,  at  least  these  three,  a  sort 
of  Golden  triangle,  and  then  a  large  portion  of  the  Republic  of  Mexico. 
Los  Angeles,  as  a  matter  of  course,  is  the  center,  the  hub,  from  which 
you  describe  this  circle,  and  Los  Angeles  is  the  queen  city,  the  plethoric 
capital  of  this  great  southwest. 

In  this  section  of  the  country  you  find  much  to  interest  you.  You 
have  all  more  than  a  passing  familiarity  with  mines  of  prodigious  pro- 
ductivity. You  know  something  of  the  Amazon  of  yellow  wealth  that 
is  being  poured  out  from  these  great  quartz  lodes.  You  have  heard 
again  and  again  of  the  fountains,  the  geysers,  of  fuel  petroleum  that  are 
shooting  up  from  the  bosom  of  the  earth  in  response  to  the  magic  touch 
of  human  industry.  You  know  something  of  these,  but  you  have  not 
heard,  perhaps,  so  much  of  the  marvelous  agricultural  and  horticultural 
resources  of  this  section  in  which  are  included  these  nestling  valleys  of 
California,  and,  likewise,  the  valley  of  the  American  Nile,  the  great  ir- 
rigated center  of  the  southwest.  There  you  will  find  the  blossoming 
fields  of  cotton;  you  will  find  a  plethora  of  agricultural  resources  which 
has  astonished  even  those  who  are  familiar  with  the  rare  productivity 
of  this  silt-like  soil,  and  every  irrigation  is  itself  a  fine  sight  and  leaves 
a  fresh  deposit  of  silt,  furnishing  in  this  deposit  all  of  the  elements  nec- 
essary for  plant  life  and  growth,  and  the  song  of  husbandry  is  heard  in 
this  section  of  the  land,  which,  only  a  little  while  ago  was  a  great  Amer- 
ican desert.  The  hardihood,  the  enterprise,  the  prophetic  foresight,  the 
resourcefulness,  the  ingenuity,  the  power  of  personal  initiative,  the  Ti- 
tanic energy  and  the  courage  of  the  American  people  have  driven  that 
desert  line  farther  and  farther  to  the  west  until  it  has  at  last  been  ab- 
solutely forced  into  the  Pacific  ocean,  and  there  is  no  more  great  Amer- 
ican desert.  The  soil  is  rich  beyond  the  dreams  of  avarice,  not  only  in 
metal  or  mineral  wealth,  but  in  all  the  chemicals  that  are  known  to 
science,  and  we  have  only  just  scratched  the  surface  of  this  marvelous 
wealth.  Over  the  line  we  have  the  empire  of  the  Montezumas;  just  a 
little  farther  south,  cutting  a  gash  through  the  Isthmus,  the  Panama 
canal  will  soon  wed  the  two  seas;  the  weird  genius  of  the  Atlantic, 
through  the  agency  of  the  merchantmen  of  all  nations,  will  have  its  hand 
placed  in  the  hand  of  the  still  more  weird  and  necromantic  genius  of  the 
Pacific,  and  the  Orient  and  the  Occident  will  be  united  in  the  holy  bonds 
of  commercial  wedlock  and  the  great  southwest  will  publish  the  banns. 
(Applause.) 

When  we  gaze  upon  a  resourceful  section  of  our  country  like  this 
and  realize  the  outcome  of  this  marvelous  progress,  we  realize  the  truth 
of  those  resonant  words: 

The  elements  of  empire  here 

Are  plastic,  yet  and  warm; 
The  chaos  of  a  mighty  world 

Is  rounding  into  form. 

And  your  hands  and  your  genius  and  your  deft  touch  and  your  artistic 
skill  and  resourcefulness  as  past  masters  in  commerce  and  productive 
enterprise  are  going  to  give  it  shape  and  character  and  substance,  even 
as  you  have  already  laid  broad  and  deep  its  foundation. 

Now,  as  a  matter  of  fact,  many  of  you,  and  we  trust  multitudes  more, 
will  be  here  from  different  sections  of  our  country,  perhaps  even  from  far 
Europe,  from  the  great  money  centers  of  the  Old  World.  Industry  and 
capital,  plus  power  and  value  of  personality  are  all  that  any  section  of 


AMERICAN  MINING  CONGRESS  17 

the  country  needs,  and  if  you  act  and  re-act  upon  an  environment  which 
God  and  nature  have  so  superbly  blessed,  I  submit  that  your  wildest 
dreams  will  be  more  than  fulfilled  in  the  ultimate  issue.  When  we  see 
all  of  these  forces  working  together,  converging  and  centering  here, 
even  with  as  enthusiastic,  capable,  loyal,  honest  and  fearless  a  chief 
executive  as  Mayor  Alexander,  we  will  be  surprised  at  the  growth  of 
Los  Angeles.  A  million?  Yes,  and  then  some!  You  can  multiply  it. 
And  I  want  to  say  to  you  that  the  scales  of  influence  are  even  now  trem- 
bling in  the  balance,  and  the  West  will  some  day  no  longer  be  the  tail 
of  the  dog — or,  if  you  will  have  it  so,  it  will  be  under  such  conditions 
that  the  tail  wags  the  dog. 

Now,  if  you  come  here  from  other  sections  of  the  country  you  have 
already  gained  much.  I  do  not  know  but  you  are  all  like  some  of  the 
rest  of  us — almost  lulled  into  a  delightful  state  of  somnolence  every 
time  you  board  a  Pullman  car  and  listen  to  the  whirl  of  its  wheels  upon 
the  shining  rails.  You  are,  in  the  midst  of  our  material  resources,  carried 
on  and  on  and  on  with  a  sense  of  ecstasy  like,  I  imagine,  the  man  in  the 
aeroplane;  but  you  have  no  fear  of  alighting  until  at  last  you  reach  the 
end  of  your  journey.  And  you  have  profited  immensely  already.  If 
Emerson  was  right  when  he  said,  "I  am  a  part  of  all  that  I  have  met," 
just  think  what  tremendous  composites  you  travelers  already  are,  you 
and  your  ladies.  Now,  you  are  here  somewhat  in  the  midst  of  different 
scenes,  brushing  against  different  people,  and  yet  from  every  section  of 
our  common  country  we  have  selected  the  choicest  and  the  finest  per- 
sonalities in  order  to  build  here  upon  the  shores  of  the  Pacific  a  city 
that  has  selected  its  material,  its  population,  its  elements  of  civic  loy- 
alty, culled,  sifted,  selected  from  the  choicest  communities  of  the  middle 
WTest  and  the  farther  East.  WTe  will  be  glad  to  add  to  the  number  from 
the  ranks  of  those  who  are  already  here,  and  I  know  you  will  be  greatly 
profited.  A  man  never  leaves  home  without  learning  something,  without 
getting  a  new  idea  which  he  can  work  into  his  own  scheme.  This  is  il- 
lustrated in  the  story  of  a  colored  preacher  who  went  to  New  York  and 
there  visited  a  cathedral  and  was  greatly  awed  and  impressed  by  the 
ceremonious  ritual,  and  he  went  home  determined  that  he  would  repro- 
duce the  ceremony  in  his  own  church.  He  organized  a  lot  of  pickanin- 
nies and  had  their  mammies  busy  making  gowns  for  them,  and  finally, 
on  a  certain  Sunday,  to  the  great  surprise  of  his  congregation,  he  came 
up  the  aisle  singing  the  processional  and  followed  by  his  choir  boys. 
When  he  had  proceeded  about  half  way  up  the  aisle  he  noticed  that  the 
boy  immediately  behind  him  had  evidently  forgotten  something.  In  or- 
der not  to  attract  attention  to  the  fact,  without  varying  his  tone  he  said 
to  the  boy,  chanting,  "What  have  you  done  with  the  incense  pot?"  The 
boy,  in  like  manner,  immediately  rejoined,  "I  left  it  in  the  aisle;  it  was 
too  damned  hot!"  (Laughter.) 

Now,  whether  it  is  a  pot  of  incense  which  carries  to  you  some  mem- 
ory of  the  pungent  odor  which  floats  from  our  citrus  groves  and  our 
gardens,  whether  it  be  a  fragment  of  our  blue  sky  or  only  a  wierd, 
dream  like  memory  of  the  fairest  land  under  the  dome  of  heaven,  you 
will  profit  somewhat,  I  doubt  not,  by  your  journey  here,  and  you  will  go 
home,  I  trust,  immensely  enriched  and  rewarded  for  your  visit.  And  re- 
member in  the  midst  of  all  this  Niagara  of  talk  that  you  are  suffering 
so  patiently  today  a  quatrain  that  I  read  some  time  ago  about  the  wisest 
bird  in  the  whole  realm  of  the  animals  that  float  on  feathery  wings: 

"A  wise  old  owl  sat  on  an  oak; 
The  more  he  saw  the  less  he  spoke; 
The  less  he  spoke  the  more  he  heard. 
Why  can't  we  all  be  like  that  bird?" 

We  would  learn  something,  would  we  not,  if  we  would  not  all  talk 
so  much? 


18  OFFICIAL  PROCEEDINGS 

And  yet  that  is  to  be  paired  with  another  rhyme: 

"A  man  who  whispers  down  a  well 
About  the  goods  he  has  to  sell 
Won't  reap  the  gleaming  golden  dollars 
Like  him  who  climbs  a  tree  and  hollers." 

Some  of  us  are  here  to  holler,  are  we  not,  and  to  advertise  our 
wealth?  Gentlemen  of  the  American  Mining  Congress,  delegates  and 
visitors  to  this  great  country,  this  magnificent  domain  which  has  in 
it  the  raw  materials  for  the  fashioning  of  a  magnificent  empire  in  and 
of  itself,  in  which  you  see  in  active  operation  in  their  daily  toil  the 
bread  winners — professional  men,  commercial  men,  bankers,  finan- 
ciers and  promoters,  and  the  hardened,  horney-handed  prospectors 
blazing  their  way  through  the  hell  of  a  desert  that  yet  remains,  pump- 
ing from  the  plethoric  stores  of  Mother  Nature  the  wealth  that  gushes 
forth  like  water  from  the  rock  in  the  wilderness  smitten  by  the  rod  of 
Moses,  the  emancipator  of  a  mighty  nation — you  are  welcome  here  be- 
cause of  this  superb  spectacle,  welcome  because  of  these  tremendous 
forces  of  progress,  welcome  because  we  are  building  here,  in  pyramidal 
splendor,  the  pillars  and  columns  and  walls  and  dome  of  a  new  section 
of  this  great  nation  of  ours;  and  over  it  all  are  the  protecting  folds  of 
the  fairest  flag  the  sun  has  ever  shone  upon;  for  we  are  Americans 
and  we  stand  for  the  industry  and  commerce  and  material  development 
of  every  part  of  America.  Given  these  elements  and  these  conditions 
and  these  material  resources,  are  there  any  bounds  that  can  be  placed 
upon  our  development  and  enrichment?  God  forbid  that  any  govern- 
ment, paternalistic  or  otherwise,  should,  out  of  a  mistaken  policy  of 
conservation,  cause  this  great  army  of  industry  to  fall  halt  on  palsied 
feet  and  check  this  magnificent  development,  even  in  its  beginnings. 
(Applause.) 

PRESIDENT  BUCKLEY:  I  am  sure  that  the  members  and  dele- 
gates to  this  meeting  of  the  American  Mining  Congress  regret  exceed- 
ingly that  our  secretary,  Mr.  James  F.  Callbreath,  is  ill  and  unable  to 
attend  these  sessions.  He  is  confined  in  his  apartments  in  the  city. 
I  wish  to  announce  that,  temporarily,  or  until  such  time  as  Mr.  Call- 
breath  is  able  to  attend  the  sessions,  Mr.  Sidney  Norman  will  act  as 
secretary  pro  tern  of  this  meeting. 

I  wish  also  to  make  an  announcement  concerning  the  resolutions 
committee.  I  think  every  one  appreciates  the  fact  that  the  most  im- 
portant work,  perhaps,  transacted  by  this  Congress  is  done  by  the  res- 
olutions committee.  Each  state  represented  at  this  session  is  entitled 
to  one  member  on  the  resolution  committee.  The  delegates  from  the 
various  states  should  call  meetings  and  select  their  representatives  on 
that  committee,  and  that  should  be  done  immediately,  and  the  resolu- 
tions committee  should  be  organized  not  later  than  tomorrow  noon. 

I  wish  also  to  announce  that  the  resolutions  committee  will  hold 
daily  sessions;  in  fact  those  who  serve  on  the  resolutions  committee 
spend  most  of  their  time  in  committee  meetings  and  anyone  who  is  in- 
terested in  any  resolution  which  may  be  presented  to  this  Congress  for 
its  consideration  will  have  an  opportunity  to  be  heard  upon  that  reso- 
lution before  the  committee.  It  has  been  the  practice  of  this  organiza- 
tion to  give  everyone  an  opportunity  to  appear  before  that  committee 
and  discuss  the  resolutions  that  are  before  them.  Announcement  of 
the  time  when  these  resolutions  are  to  be  considered  will  be  made  in 
the  foyer  of  the  theater.  A  bulletin  board  will  be  prepared  for  that 
purpose. 

The  credentials  committee  consists  of  Mr.  J.  W.  Malcomson,  Mr. 
H.  C.  Freeman  and  Mr.  C.  B.  McCollum,  and  the  committee  will  be 
found  in  the  lobby  of  the  Alexandria  hotel. 

The  secretary  has  some  announcements  to  make  at  this  time. 

SECRETARY  NORMAN:  Mr.  Chairman,  Ladies  and  Gentlemen: 
I  am  sure  you  will  all  regret  with  me  the  reason  why  it  has  become 


AMERICAN  MINING  CONGRESS  19 

necessary  for  me  to  officiate  in  this  capacity,  and  will  join  me  in  the 
hope  that  Mr.  Callbreath  may  speedily  recover  from  his  illness.  This 
is  my  first  effort  to  handle  the  secretarial  duties  of  a  congress,  but  I 
think,  with  your  indulgence,  I  will  be  able  to  get  through. 

The  official  program  has  been  prepared  and  will  be  placed  in  the 
printer's  hands  this  morning  for  distribution  to  this  convention. 

PRESIDENT  BUCKLEY:  I  wish  to  announce  that  resolutions 
will  be  received  at  any  time  or  at  any  of  the  sessions  of  the  Congress. 
Is  there  any  further  business  to  come  before  this  meeting? 

MR.  GEORGE  W.  PARSONS:  Mr.  President,  I  desire  to  move 
a  vote  of  sympathy  for  Mr.  Callbreath,  who  is  ill  and  cannot  be  with 
us  at  this  time. 

Motion  seconded  and  carried  by  unanimous  rising  vote. 

PRESIDENT  BUCKLEY:  I  will  request  the  secretary  to  convey 
this  expression  of  regret  to  Mr.  Callbreath. 

MR.  GEORGE  W.  E.  DORSE Y:    Mr.  President,  I  move  that  we  take 
a  recess  until  two  o'clock  this  afternoon. 
Motion  seconded  and  carried. 
A  recess  was  thereupon  taken  until  two  o'clock  P.  M. 


MONDAY,  SEPTEMBER  26,   1910. 

Afternoon  Session 

PRESIDENT  BUCKLEY:      The  Congress  will  please  be  in  order. 

MR.  THOMAS  E  GIBBON:  Mr.  President,  Ladies  and  Gentle- 
men: I  listened  with  a  great  deal  of  pleasure  this  morning  to  the  elo- 
quent words  that  have  been  spoken  about  the  Great  Southwest,  and  I 
am  glad  to  be  able  to  say  that  I  am  from  the  peer  of  all  mining  states — 
Nevada.  Do  you  know,  Mr.  President,  that  Nevada  has  electrified  the 
world  of  finance  on  many  occasions?  First,  at  Virginia  City,  by  the 
Comstock,  then  at  Tonopah,  by  the  Mizpah,  then  at  Goldfield  by  the 
Consolidated,  then  at  Ely,  and  now,  Mr.  President,  I  desire  to  intro- 
duce to  the  mining  people  of  this  country  a  new  section  in  lead  and 
zinc  that  is  destined  to  electrify  the  world  again.  The  miners  of  that 
section  have  delegated  me  to  present  to  you  this  piece  of  ore  and  this 
pick  and  to  say  to  you  that  we  have  a  district  there  where,  for  the 
amount  of  work  done,  we  can  show  more  ore  in  sight  than  in  any  other 
mining  camp  in  the  United  States.  Of  course  there  is  a  great  diversity 
of  opinion  among  mining  men,  but  we  have  never  had  an  adverse  judg- 
ment upon  our  district.  They  have  asked  me  to  present  to  you  this 
piece  of  metal,  and  this  pick  that  you  may  use  as  a  gavel  in  calling  to 
order  the  sessions  of  this  conference,  and  we  say  that  in  these  days  of 
conservation  we  hope  its  ring  will  be  clear,  and  that  the  expressions 
of  this  Congress  upon  the  momentous  problems  before  you  will  be 
equally  clear,  and  we  trust  that  this  token  may  serve  as  a  memento  of 
your  great  .work  in  the  interest  of  the  mining  industry  and  of  the  gen- 
eral welfare. 

I  have  great  pleasure  in  presenting  to  you,  Mr.  President,  this  ore 
specimen  and  gavel. 

PRESIDENT  BUCKLEY:  Last  fall  I  had  the  pleasure  of  visiting 
the  lead  and  zinc  district  from  which  our  friend  Mr.  Gibbon  comes.  I 
think  it  is  especially  appropriate  that  this  district  should  present  to  the 
American  Mining  Congress  this  memento  on  this  occasion,  and  it  is 
especially  appropriate  that  it  should  be  a  piece  of  zinc  ore,  and  that  the 
gavel  that  the  presiding  officer  is  expected  to  wield  at  this  session 
should  be  a  gavel  of  zinc.  It  has  been  my  good  fortune  during  most  of 
my  life  to  live  in  a  region  which  has  heretofore  at  least  been  consid- 


20  OFFICIAL  PROCEEDINGS 

ered  pre-eminently  the  zinc  region  of  the  United  States.  I  hope  for 
my  good  friends  in  Nevada  that  some  day  they  may  be  able  to  stand 
before  the  American  people  and  say  that  Nevada  instead  of  Missouri 
ranks  first  in  the  zinc  production  of  the  United  States. 

This  country  needs  all  the  zinc  that  Missouri  can  produce,  it  needs 
all  the  lead  that  Missouri  can  produce,  and  it  will  not  be  many  years 
before  the  people  engaged  in  the  lead  and  zinc  industries  of  the  United 
States  will  turn  to  Nevada  and  to  the  other  states  of  the  West  to  secure 
the  supply  so  necessary  for  the  industrial  pursuits  of  this  country.  I 
believe  that  that  time  is  not  far  distant,  and  I  agree  with  my  good 
friend  Mr.  Gibbon  that  some  day  Nevada  will  take  her  rank  as  one  of 
the  greatest  zinc  producing  states  of  the  union.  Mr.  Gibbon,  I  trust 
you  will  do  me  the  honor  to  convey  to  your  people  at  Good  Springs  the 
thanks  of  this  organization  and  my  thanks  for  their  courtesy  in  con- 
tributing these  tokens  of  their  good  wishes  for  the  success  of  this,  the 
Thirteenth  Annual  Session  of  the  American  Mining  Congress. 

MR.  GIBBON:     It  will  give  me  pleasure  to  do  so,  Mr.  President. 

PRESIDENT  BUCKLEY:  A  response  to  the  addresses  of  welcome 
will  be  by  Col.  L.  W.  Powell  of  Arizona.  You  are  all  acquainted  with 
Col.  Powell,  and  I  take  pleasure  in  introducing  the  Colonel  to  this  au- 
dience. 

COL.  L.  W.  POWELL,  of  Arizona:  Mr.  President,  Ladies  and  Gen- 
tlemen: WThile  I  have  been  a  member  of  the  American  Mining  Congress 
for  a  good  many  years  and,  I  believe,  had  the  pleasure  of  being  ap- 
pointed as  a  delegate  to  its  first  session  by  the  governor  of  Minnesota, 
this  is  the  first  opportunity  I  have  ever  had  to  attend  one  of  its  meet- 
ings, and  it  is  with  great  pleasure,  I  assure  you.  While  I  have  not  at- 
tended its  meetings,  I  have  watched  its  course  with  a  great  deal  of 
interest,  and  the  result  of  my  observation  makes  me  feel  that  the  great 
influence  which  it  has  exerted  has  been  due  to  its  efforts  along  educa- 
tional lines.  The  Congress  has  been  educating  the  American  people  to 
the  importance  and  the  needs  of  our  great  mining  industry,  and  great 
good  has  resulted  from  this  work.  When  I  heard  the  announcement 
this  morning  that  I  was  to  address  you  on  the  subject  of  Arizona,  it 
was  with  a  keen  sense  of  pleasure,  I  assure  you;  but  after  I  thought  it 
over  I  felt  that  perhaps  I  had  been  assigned  the  most  onerous  duty 
assigned  to  anyone  here  this  afternoon,  for  I  believe  that  it  will  prove 
that  Arizona,  which  is  yet  a  territory,  but  soon  to  be  added  to  the  great 
sisterhood  of  States  (applause),  will  prove  to  be  more  resourceful  in 
mineral  wealth  than  any  of  them,  and  I  feel,  my  friends,  that  you  will 
all  be  interested  in  hearing  about  Arizona  and  its  mineral  resources, 
and  I  felt  that  the  duty  was  one  that  I  could  not  perform  as  well  as 
it  should  be  performed,  and  for  that  reason  I  have  arranged  with  the 
committee  to  delegate  my  privilege  of  addressing  you  to  a  very  dis- 
tinguished citizen  from  Arizona,  and  I  take  pleasure  in  introducing  to 
you  General  A.  J.  Sampson  of  Phoenix,  and  assure  you  that  you  will  be 
pleased  to  listen  to  him. 

I  thank  you. 

GENERAL  A.  J.  SAMPSON,  of  Arizona:  Mr.  President,  ladies  and 
Gentlemen:  I  realize  that  there  are  something  like  a  dozen  on  this  list 
to  respond  to  the  addresses  of  welcome  that  have  been  made,  and  I 
know  that  they  are  all  anxious  for  me  to  make  a  very  short  speech — 
for  they  want  to  get  up  here  and  say  something  of  their  respective 
localities.  In  about  seven  or  eight  minutes  I  will  tell  you  something  of 
Arizona  that  would  take  seven  or  eight  hours  if  I  were  to  do  justice 
to  the  subject. 

Mr.  President,  during  the  last  twelve  or  fifteen  years  it  has  been 
my  privilege  to  view  the  United  States  from  a  foreign  standpoint,  dur- 
ing which  time  I  have  carried  the  stars  and  stripes  to  greet  the  flags 
of  twenty-four  other  nations  of  the  world,  ever  proud  to  be  able  to  say 


AMERICAN  MINING  CONGRESS  21 

I  am  an  American  citizen,  as  I  am  proud  this  afternoon  to  be  able  to 
say  to  you  that  I  am  an  Arizonan. 

Before  leaving  for  the  home  land,  General  Olifero,  one  of  the 
wisest  of  all  South  American  presidents,  said  to  me,  "Mr.  Minister,  I 
congratulate  you  upon  the  marvelous  growth  and  prosperity  of  that 
great  republic  of  the  north" — as  he  was  always  wont  to  designate  our 
nation — "greater  and  more  marvelous  than  has  ever  come  to  any  na- 
tion on  the  face  of  the  earth."  Such,  no  doubt,  was  the  sentiment  of  the 
rulers  of  all  the  nations  of  the  world.  We  have  taken  our  place  in  the 
front  rank  of  the  nations  of  the  world.  In  agriculture,  in  commerce,  in 
per  capita  wealth,  in  railroads  and  in  mining  we  have  come  to  the  top  of 
all  the  nations  (applause),  and  our  army  and  navy  are  now  the  admired 
of  all  who  stand  behind  the  guns  of  any  navy  or  any  army  in  the  world 
and  never  will  any  of  them  place  a  chip  on  their  shoulders  and  dare 
us  to  knock  it  off.  At  the  close  of  the  Spanish-American  war  I  saw 
an  incident  showing  the  increased  glory  that  had  come  to  the  United 
States  in  one  of  our  South  American  Spanish  papers.  It  stated  that  in 
Valparaiso,  Chile,  five  men  of  different  nationalities  agreed  at  a  cham- 
pagne dinner  that  the  one  who  could  give  the  best  toast  to  his  country 
at  the  then  present  time  should  not  have  to  pay  for  any  part  of  that 
dinner.  They  were  a  Russian,  a  Turk,  a  Frenchman,  an  American  and 
an  Englishman,  and  here  are  the  toasts  they  gave: 

The  Russian:  "Here's  to  the  stars  and  bars  of  Russia  that  have 
never  been  torn  down." 

The  Turk:  "Here's  to  the  moon  of  Turkey  that  has  never  had  its 
wings  clipped." 

The  Frenchman:  "Here's  to  the  cock  of  France  that  has  never 
had  its  feathers  plucked  out." 

The  American:  "Here's  to  the  stars  and  stripes  that  have  never 
been  trailed  in  defeat." 

The  Englishman:  "Here's  to  the  ranting,  roaring  lion  of  Great 
Britain  that  tore  down  the  stars  and  bars  of  Russia,  that  clipped  the 
moons  of  Turkey,  that  plucked  the  feathers  out  of  the  cock  of  France, 
but,  during  recent  events,  the  stars  and  stripes  have  scared  hell  out  of 
the  ranting,  roaring  lion  of  Great  Britain." 

It  is  needless  to  say  that  the  Englishman  did  not  have  to  pay  for 
any  part  of  the  champagne  dinner. 

Gentlemen,  I  have  referred  to  these  things  to  emphasize  this  fact, 
that  in  all  the  recent  growth  and  glory  and  development  of  our  nation 
that  fractional  part  of  it  which  I  have  the  honor  to  represent  has 
grown  and  kept  in  line  with  the  whole,  in  the  advances  that  have  been 
made.  We  have  known  our  resources,  but  they  have  been  unknown  to 
the  world.  Recent  events  have  made  them  known.  The  attempt  to 
force  Arizona  and  New  Mexico  into  unwilling  wedlock  made  known  to 
the  East  our  resources  as  they  never  had  imagined  them  to  exist  be- 
fore, and  has  already  brought  many  thousands  and  will  bring  other 
thousands  from  the  East  and  millions  of  capital  to  develop  the  re- 
sources of  our  territory.  During  my  residence  in  the  far  off  Southland 
I  received  many  letters  from  American  citizens  asking  as  to  the  mining 
resources  of  that  country  and  the  cattle  industry  and  other  industries. 
I  always  answered,  but  closing  with  the  statement  that  I  had  no  doubt 
that  there  were  better  advantages  in  the  United  States — and  you  will 
pardon  me,  gentlemen,  if  I  added  "especially  in  Arizona,"  than  in  any 
country  in  the  world,  with  the  additional  advantage  of  living  in  the 
home  land,  not  subject  to  foreign  caprice  and  injustice. 

To  realize  what  Arizona  is  today  and  to  speculate  what  she  is  to 
be  a  hundred  years  hence  it  is  necessary  that  we  look  at  her  as  when 
she  was  in  the  grasp  of  the  savage  Apache,  when  to  go  from  the  north 
to  the  south  or  from  the  east  to  the  west  of  Arizona  was  fraught  with 
greater  hardship  and  danger  than  a  trip  around  the  world,  when  there 
were  no  fields  of  waving  grain,  no  men  with  iron  muscles  and  strong 


22  OFFICIAL  PROCEEDINGS 

wills  determined  to  take  from  the  fissures  in  the  mountains  the  rich 
ore,  when  there  were  no  sweet-scented  orange  blossoms  as  there  are 
today,  no  orchards,  no  orange  groves,  no  irrigating  canals  to  bring 
riches  and  production  to  millions  of  acres  of  as  rich  land  as  can  be 
found  anywhere. 

Ladies  and  Gentlemen,  after  looking  at  those  lands  in  the  Nile 
valley  that  are  selling  at  $2,000  an  acre  I  want  to  say  to  you  that  we 
have  the  Salt  River  valley  land  for  $200  an  acre  worth  more  than 
$2,000  an  acre  land  in  the  Nile  valley.  Then  had  come  the  time  to  lay 
deep  the  foundations  of  the  future  of  Arizona.  That  future  was  largely 
judged  by  the  character  of  the  people  that  came  and  located  within  her 
borders.  From  far  towards  the  rising  sun,  in  the  home  land,  from  the 
busy  marts  of  trade,  they  came;  from  the  Great  Lakes  of  the  North, 
plowed  by  the  Leviathans  of  commerce,  from  the  magnolia  shades  of 
the  South  where  the  brave  cavaliers  said:  "I  am  off  for  Arizona,"  and 
loving  wives  said:  "God  speed  you;"  from  the  hip,  hip,  hurrah!  of  the 
Great  West;  from  our  neighbor  Canada  on  the  north,  and  our  sister 
Republic  of  Mexico  on  the  south ;  from  the  boys  who  wore  the  blue  from 
1861  to  1865  and  the  boys  who  wore  the  gray  during  the  same  period — 
from  all  these  and  more  they  came  for  the  development  of  that  great 
empire  of  Arizona.  (Applause.) 

In  the  early  days  they  traversed  the  desert  waste.  Up  the  canons 
and  ravines  of  the  mountains  where  hidden  dangers  lurked,  over  the 
mountain  passes  they  went,  all  on  a  noble  mission  bent,  that  of  sub- 
duing the  waste  places,  that  of  building  homes,  that  of  establishing  a 
patriotic  and  intelligent  citizenship  that  the  savage  Apache  could  not 
equal  and  that  hunger  and  cold  could  not  thwart  in  their  onward 
progress. 

But,  gentlemen,  after  we  have  talked  of  all  these  things,  the  one 
thing  that  we  are  met  here  today  to  consider,  to  protect,  to  foster,  is 
of  the  first  and  greatest  importance  to  Arizona — the  mining  industry. 
We  have  the  mines;  all  we  want  is  that  we  shall  be  left  alone,  as  we  are 
now,  permitted  to  prospect  and  develop  these  mines,  so  that  our  soon- 
to-be  (we  hope)  state  may  be  one  of  the  first  in  the  Union.  (Ap- 
plause.) 

Ladies  and  gentlemen,  I  might  tell  you  of  our  new  industry,  cot- 
ton, said  by  a  Louisiana  expert  to  be  equal  to  any  in  Louisiana  or 
Texas;  our  dates,  the  first  in  the  market  of  any  in  the  United  States, 
our  five  thousand  ostriches,  the  largest  number  in  any  section  outside 
of  South  Africa;  I  might  tell  you  of  all  our  orchard  groves,  of  our  cat- 
tle and  sheep  industry,  but  I  have  not  time,  only  by  trespassing  upon 
the  time  of  others,  and  that  I  will  not  do. 

I  look  at  that  flag,  gentlemen,  and  I  see  no  star  there  represent- 
ing Arizona.  During  all  the  years  gone  by  we  have  been  governed 
from  Washington,  the  same  as  the  Philippines.  You,  Mr.  President, 
from  Missouri,  can  look  up  to  that  flag  and  count  where  No.  11  comes 
in,  in  1821,  and  say,  "That  is  Missouri."  You  gentlemen  of  California, 
can  look  up  to  that  flag  and  see  No.  18  and  see  written  across  it, 
"California,  1849;"  you  gentlemen  of  Nevada  can  look  at  that  flag  and 
see  No.  21,  admitted  in  1864;  but  Arizona,  none,  and  yet  in  the  last 
two  years  Arizona  has  produced  more  mineral,  in  value,  than  any  state 
in  the  Union.  (Applause.)  But  no  star.  Thank  God  the  time  is  near 
at  hand  when  there  will  be  one  placed  there,  when  we  come  into  state- 
hood at  an  early  day,  and  then  we  will  take  a  new  interest  in  that  flag. 
We  love  it  as  it  is,  but  when  we  can  see  another  star  put  there  and 
read,  in  our  imagination,  across  its  face,  the  name  "Arizona,"  then 
we  will  be  ready  to  sing  with  you! 

"Forever  float  that  standard  sheet. 

Where  breathes  the  foe  but  falls  before  us, 
With  freedom's  soil  beneath  our  feet, 

And  freedom's  banner  streaming  o'er  us?" 

I  thank  you.     (Applause.) 


AMERICAN  MINING  CONGRESS  23 

PRESIDENT  BUCKLEY:  We  will  now  have  the  pleasure  of 
listening  to  a  response  by  E.  H.  Benjamin  of  San  Francisco,  represent- 
ing California. 

MR.  E.  H.  BENJAMIN:  Mr.  President  and  Members  of  the  Amer- 
ican Mining  Congress,  Ladies  and  Gentlemen:  I  know  of  no  reason 
why  I  was  selected  to  respond  for  California,  unless  it^was  that  Cali- 
fornia is  such  a  great  big  state.  (Applause.)  Before  I  heard  my  name 
read  this  morning  I  had  no  idea  that  I  was  to  be  expected  to  say 
anything,  but  I  can  assure  you,  my  friends,  that  it  affords  me  the  very 
greatest  of  pleasure,  and  I  consider  it  a  very  great  honor,  to  be  called 
upon  to  respond  for  my  native  state,  California. 

It  is  due  to  the  miners  of  California  in  a  great  measure,  that  the 
mining  industry  has  reached  its  present  state  of  perfection  and  develop- 
ment. The  names  of  the  trained  engineers  of  California  have  become 
almost  a  password  through  the  entire  mining  world  wherever  modern 
metallurgical  processes  are  known.  It  is  due  in  a  great  measure  to  the 
energy,  to  the  ability,  and  to  the  sound  common  sense  and  to  the  prac- 
tical experience  of  the  California  mining  engineer  and  the  California 
miner  that  South  Africa  can  point  with  pride  to  her  marvelous  pro- 
duction of  gold.  The  solution  of  the  problem  of  treating  the  ores  of 
South  Africa  is  due  to  a  California  engineer.  The  success  of  the  cyan- 
ide process  in  South  Africa  was  developed  by  Mr.  Hennen  Jennings, 
foremost  of  all  mining  engineers,  and  he  was  ably  assisted  by  Mr. 
Charles  Butters,  a  graduate  of  the  University  of  California. 

Many  of  the  eastern  papers  and  magazines  have  published  many 
articles  depicting  the  California  miner  as  an  outlaw  that  had  to  travel 
with  a  gun,  whose  presence  on  the  mountain  trail  was  to  be  dreaded; 
but,  my  friends,  the  people  who  came  to  California  and  settled  Cali- 
fornia in  the  early  days  were  not  men  of  that  class.  The  people  who 
founded  this  state  and  who  blazed  from  nature  the  trails  over  which 
the  immigrants  passed  in  after  years,  who  built  their  habitations  from 
the  rocks  and  trees  as  they  found  them,  were  not  a  band  of  outlaws, 
they  were  men  and  women  who  represented  the  strongest  and  sturdiest 
and  the  best  classes  of  humanity  to  be  found  in  the  world.  They  were 
the  people  who  laid  the  foundation  for  this  magnificent  state  for  which 
I  have  been  called  upon,  in  my  weak  way,  to  respond.  This  beautiful 
country  of  southern  California,  where  we  are  so  hospitably  entertained 
and  received,  and  which  all  California  feels  justly  proud  of,  was,  for  a 
number  of  years,  looked  upon  as  simply  a  resting  place  for  the  people 
who  were  in  search  of  lost  health;  but  I  assume  today  that  there  is 
not  a  man  here  or  any  person  who  can  look  upon  the  magnificent 
structures  built  in  this  city  and  see  the  great  progress  that  has  been 
made  here  that  cannot  say,  "we  take  our  hats  off  to  Los  Angeles,  we 
are  proud  that  Los  Angeles  is  a  part  of  California."  A 
great  many  of  the  eastern  people  seem  to  thing  that  Los  Angeles  is  the 
only  portion  of  California,  and  when  you  speak  of  California  to  them 
they  are  reminded  of  Los  Angeles,  because  they  have  heard  so  much 
about  it.  (Applause.) 

Now,  I  want  to  say,  my  friends,  that  if  the  same  spirit  of  progress, 
the  same  spirit  of  goodfellowship  existed  in  the  northern  part  of  the 
state  that  has  been  manifested  by  you  gentlemen  in  the  southern  part 
of  the  state  there  would  not  be  a  remote  hamlet  in  California  that 
would  not  be  as  well  advertised  as  Los  Angeles,  because  they  are  all 
just  as  beautiful,  one  as  the  other. 

I  was  amused  this  morning  in  the  address  of  welcome  by  your 
Mayor  when  he  presented  the  golden  key  to  our  President.  I  presume 
that  key  has  been  presented  to  a  great  many  presidents  and  presiding 
officers  at  former  functions  of  this  kind,  and  I  presume  it  will  be  pre- 
sented again  many  times.  This  week  it  happens  to  come  to  the  miners, 
and  they  are  supposed  to  unlock  the  treasure  vaults  of  the  city,  and 
store  therein  a  lot  of  new  money,  dug  from  the  bosom  of  dear  old 
mother  earth,  and  next  week,  it  is  safe  to  assume  that  this  same  key 


24  OFFICIAL  PROCEEDINGS 

will  be  presented  to  the  Bankers,  who  will  assemble  here,  and  they 
will  proceed  to  unlock  the  treasury  and  get  the  miners'  money  and  take 
it  away  with  them.  (Laughter  and  applause.) 

I  want  to  call  your  attention  to  just  one  little  thing  to  show  the 
versatility  of  the  California  engineer.  Governor  Anderson  in  his  re- 
marks this  morning  referred  to  the  California  gold  dredges,  those  huge 
machines  which  are  producing  millions  annually,  which  represent  an 
investment  of  over  nine  millions  of  dollars.  That  industry  was  born 
only  a  few  years  ago;  it  has  grown  to  tremendous  proportions;  and  like 
the  hydraulic  industry,  in  its  early  infancy  it  was  opposed  by  a  great 
many  people  who  said,  as  they  did  in  the  hydraulic  industry,  that  it 
was  destroying  the  natural  resources  and  the  natural  beauty  of  the 
country.  They  claimed  that  the  dredges  were  destroying  the  farming 
and  agricultural  lands,  and  even  went  so  far  as  to  introduce  a  bill  in 
the  state  legislature  to  prohibit  any  further  gold  dredging.  Those  of 
you  who  have  visited  the  gold  dredging  industry  and  the  fields  where 
gold  dredging  is  carried  on,  probably  the  first  thing  that  struck  you 
was  the  large  pile  of  cobblestones  left  in  the  wake  of  the  dredger. 
Do  you  know,  my  friends,  those  cobblestones,  which  represent  the  con- 
centration of  nature  as  the  hardest  and  the  toughest  and  the  strongest 
character  of  rock  known — those  cobblestones  are  being  crushed  today, 
and  the  product  is  being  used  to  make  the  finest  boulevards  in  the 
world  all  over  the  state  of  California,  and  in  as  short  a  time  as  possible, 
four  or  five  years,  or  in  a  shorter  time  than  it  has  taken  to  produce 
those  great  piles  of  rock,  there  will  be  nothing  left  in  their  place  but 
the  most  fertile  soil  plowed  thirty-five  feet  deep,  upon  which  are  today 
growing  oranges  and  grapes  in  the  Sacremento  valley  and  in  and  around 
Oroville.  The  rocks  are  all  being  removed.  Necessity  was  the  mother 
of  invention  In  that  case.  The  dredging  engineer  saw  that  if  he  could 
not  do  away  with  the  popular  prejudice,  with  the  idea  that  his  industry 
was  spoiling  the  land  for  future  generations,  there  was  liable  to  be  a 
bill  sneaked  through  the  state  legislature  to  put  a  ban  on  gold  dredg- 
ing. He  got  busy  just  the  same  as  every  other  California  engineer  gets 
busy  when  put  up  against  a  hard  proposition,  and  he  solved  the  prob- 
lem, and  if  you  who  visited  the  dredging  field  two  years  ago  will  go 
to  Folsom  you  will  see  a  crushing  plant  that  is  turning  out  many  car- 
loads of  the  finest  road  material  that  ever  was  put  on  a  road  in  Cali- 
fornia. There  are  twelve  more  crushing  plants  in  course  of  construc- 
tion, and  probably  in  a  year  or  two  years  more  there  will  be  just  as 
many  crushers  eating  up  the  boulders  as  there  are  dredges  digging  them 
out  from  below  the  surface. 

I  have  simply  one  word  more  to  say,  and  that  is  a  similar  message  to 
that  which  I  gave  to  the  members  of  this  body  a  year  ago  in  Goldfield. 
You  gentlemen  represent  the  highest  type  of  mining  development — the 
trained,  experienced  engineer,  the  practical,  successful  business  man  and 
operator.  You  will  be  called  upon  during  our  deliberations  here  to 
solve  many  a  knotty  problem.  There  probably  will  be  matters  coming 
up  for  discussion,  there  may  be  some  strife  and  some  struggle  for  in- 
dividual views,  but,  gentlemen,  the  entire  mining  world  is  looking  for- 
ward towards  the  fruit  of  your  efforts  for  guidance  and  for  counsel, 
and  I  want  to  say  this  to  you:  Above  all  things,  in  your  deliberations 
be  fair;  let  the  results  be  only  for  the  greatest  good  to  the  greatest 
number,  for  the  masses,  and  not  the  classes.  Many  matters  affecting 
the  welfare,  and  the  life  and  the  health  of  the  miner,  and  toiler,  and 
the  unsuccessful  individual  who  has  made  an  honest  effort  and  failed, 
or  who  has  been  oppressed  by  unwise,  and  vicious  departmental  rulings, 
will  probably  come  before  us,  and  we  will  be  asked  to  suggest  or  pro- 
vide relief  for  a  great  many  matters,  that  are  going  to  require  careful 
consideration.  Let  us  treat  all  fairly  and  squarely  and  honestly  and 
remember  that  honest  endeavor  injures  no  man. 

I  am  reminded  of  a  little  verse  that  I  heard  years  ago,  and  it 
always  seemed  to  me  as  being  expressive  of  the  attitude  we  should. 


AMERICAN  MINING  CONGRESS  25 

endeavor  to  assume  toward  our  fellow  man,  who  had  tried  hard  to  help 
himself,  and  failed.    It  was  something  like  this: 

"I  know  that  the  world,  the  great  big  world 

Will  never  a  moment  stop 
To  see  which  dog  may  be  in  the  right, 

But  will  shout  for  the  dog  on  top. 
But,  for  me,  I  never  shall  stop  to  ask 

Which  dog  may  be  in  the  right, 
For  my  heart  will  beat,  when  it  beats  at  all, 

For  the  under  dog  in  the  fight."     (Applause.) 

PRESIDENT  BUCKLEY:  We  will  now  listen  to  a  response  from 
Illinois  by  Mr.  David  Ross  of  Springfield. 

MR.  ROSS:  Mr.  President,  Delegates  to  the  American  Mining 
Congress,  Ladies  and  Gentlemen:  For  the  precious  privilege  of  meet- 
ing the  hospitable  people  of  California,  I  feel  under  renewed  obliga- 
tions to  the  good  Lord  and  the  Southern  Pacific  railroad.  Nevada  is 
great,  California  is  great,  Arizona  is  great,  Colorado  is  great,  they  are 
all  great,  and  destined  to  become  greater  still;  but  they  are  only  en 
route.  Illinois  has  already  arrived  (applause).  The  great  prairie  state 
of  Illinois,  great  in  men  and  minerals,  great  in  coal  and  corn,  great 
in  hogs  and  hominy,  great  in  all  the  elements  that  make  for  strength, 
progress,  power  and  prestige,  and,  in  these  latter  days  of  degeneracy, 
regretfully  great  in  some  other  things  (applause),  sends  greeting  to 
the  American  Mining  Congress.  Some  at  least  of  the  people  of  the 
Pacific  coast  are  familiar  with  the  principles  of  a  certain  international 
game,  but  it  took  the  courage,  the  cunning  and,  spare  the  word,  the  cor- 
ruption of  Illinois  to  originate  the  legislative  jackpot.  (Laughter  and 
applause). 

I  like  to  hear  the  story  of  the  greatness  of  the  western  states: 
It  is  a  promise  and  a  prophecy.  I  like  to  think  of  it  in  the  optimistic 
way,  because  I  am  built  upon  hopeful  principles.  I  like  to  think  that 
you  have  barely  tapped  the  marvelous  resources  of  this  mighty  western 
world.  But  the  revelations  you  have  made  in  the  way  of  development 
and  discoveries  is  but  the  title  page  of  the  great  book  of  international 
surprises  you  yet  hold  in  store  for  all  the  world.  Being  an  optimist,  I 
am  therefore  inclined  to  the  philosophy  that  we  are  in  no  danger  of  im- 
mediate want  for  anything.  I,  too,  am  a  conservationist.  I  believe,  as 
I  think  all  men  believe,  in  intelligent  conservation.  We  believe  the  best 
use  that  the  resources  of  the  country  can  be  put  to  for  the  benefit  of 
mankind  is  to  use  them,  to  utilize  them  and  to  develop  them  and  I  say 
this  in  all  respect,  in  all  kindness  and  sympathy  for  some  of  our  friends 
who  seem  to  have  contracted  a  nightmare  regarding  the  resources  of  the 
nation. 

I  had  a  friend  who  supposed  he  had  discovered  the  real  religion, 
when  the  facts  were  known  he  had  succeeded  only  in  locating  a  bad 
case  of  dyspepsia.  (Laughter.)  A  great  deal  depends  upon  the  view- 
point. I  have  known  people  so  pessimistic  they  could  see  nothing  ex- 
cept the  hole  in  the  doughnut.  Some  of  my  friends  complain  about  the 
great  amount  of  good  American  soil  that,  by  the  law  of  erosion,  was 
finding  its  way  via  the  rivers  into  the  seas.  They  can  tell  you,  in  a 
scientific  way,  how  much  of  the  earth  we  are  losing  by  that  method. 
Well,  the  process  of  erosion  is  not  a  modern  one;  we  have  had  it  ever 
since  winds  blew  and  rivers  ran,  and  to  it  we  are  indebted  for  the  crea- 
tion of  new  land.  More  than  three-fourths  of  the  world,  anyhow,  is 
water.  Everything  and  everybody  seems  to  tend  to  water,  except  the 
people  of  Louisville,  Kentucky  and  Peoria,  Illinois.  (Laughter.) 

Only  yesterday  in  certain  arid  regions  of  the  western  country  the 
great  problem  was  to  get  water  in  the  dry  places,  and  the  question  this 
morning  is  how  to  get  it  off.  Even  the  swamp  expert  of  Illinois,  Dr. 
Elliott,  suggests  that  the  government  attach  a  sponge  to  its  sprinkling 
cart.  Evidently  some  of  our  conservation  friends  have  eaten  something 


26  OFFICIAL  PROCEEDINGS 

that  does  not  agree  with  them;  they  are  having  bad  dreams.  The  dan- 
gers about  which  they  preach  are  not  real;  they  exist  only  in  the  dis- 
ordered imagination  "that  bodies  forth  the  forms  of  things  unknown 
and  gives  to  airy  nothings  a  local  habitation  and  a  name."  We  are  told 
about  the  exhaustion  of  resources  that  have  only  been  tapped.  What 
about  coal?  When  we  talk  of  coal,  you  men  who  produce  the  precious 
metals  had  better  have  a  care.  Commercial  coal  is  worth  a  great  deal 
more  than  all  your  gold  and  silver,  all  your  zinc,  lead  and  copper.  We 
can  get  along  as  a  people  without  silver  and  without  gold  and  without 
copper  and  without  zinc,  but  we  cannot  get  along  without  coal,  not  at 
least  until  a  satisfactory  substitute  is  found.  In  referring  to  this  I  am 
but  carrying  out  the  suggestions  of  Mr.  Tyrrell  and  Mr.  Scott  this  morn- 
ing and  booming  the  resources  of  my  locality.  The  surveyors  tell  me 
that  we  have  about  fifty-six  thousand  square  miles  of  earth  within  the 
limits  of  Illinois,  and  that  of  those  fifty-six  thousand  square  miles  nearly 
forty  thousand  are  underlaid  with  coal,  sixteen  different  workable  seams 
varying  from  two  to  fifteen  feet  in  thickness,  then  the  statisticians  got 
busy  and  their  figures  as  to  the  total  coal  contents  varied  from  50  to  75 
billion  tons.  Being  experts  it  is  not  to  be  expected  their  conclusions 
would  harmonize,  but,  making  an  allowance  for  a  little  discrepancy  of 
several  billion  tons  it  is  safe  to  estimate  that  the  coal  deposits  within 
the  geographical  limits  of  my  state  contain  two  hundred  billion  tons, 
and  we  stand  third  in  a  quarter  of  a  hundred  coal  producing  states  in 
this  country. 

I  mention  this  simply  to  assure  you  that  there  is  no  immediate  pros- 
pect or  danger  of  exhausting  our  fuel  supply.  Two  hundred  billion  tons; 
hid  away  in  the  earth  ages  ago  by  that  old  miser  the  sun,  the  originator, 
the  father  of  conservation  and  who,  unlike  some  of  his  modern  decend- 
ants,  did  his  work  quietly  and  effectively.  Father  Hennepin  in  his  voy- 
age down  the  Illinois  river  two  hundred  and  thirty  years  ago  discovered 
coal  at  Ottawa  and  we  have  been  mining  it  for  commercial  purposes 
since  1810,  an  even  hundred  years.  During  that  period,  as  our  statis- 
tics show,  we  have  taken  from  this  immense  store  house  the  paltry  sum 
of  seven  hundred  and  thirty-three  million  tons.  Llewellyn  Smith,  in  a 
report  last  week  to  the  British  Board  of  Trade,  makes  the  statement  that 
from  1885  to  and  including  1909,  a  period  of  a  quarter  of  a  century,  the 
United  States  has  consumed  five  and  one  half  billion  tons  of  coal.  On 
that  basis  of  consumption,  Illinois  alone  can  supply  the  commercial  and 
industrial  demands  of  the  United  States  for  the  next  nine  hundred  and 
ninety-nine  years  (applause) ;  and  if  our  extreme  conservationists  are 
unduly  alarmed  let  me  assure  them  that  there  will  be  ample  time  at  the 
end  of  that  period  to  find  out  where  the  devil  gets  his  fuel.  (Laughter.) 

Now,  Mr.  Chairman  and  gentlemen,  let  me  repeat  again  the  very 
very  great  pleasure  I  feel  at  meeting  with  the  members  of  this  congress, 
and  particularly  with  the  citizens  of  this  great  coast  state.  We  have 
heard  something  about  her  development.  WTe  have  heard  a  reference  to 
the  attitude  of  the  Bureau  of  the  Census  at  Washington  that  so  great 
has  been  your  increase  in  population  since  the  time  of  the  taking  of  the 
last  census,  an  increase  that  is  represented  by  more  than  200  per  cent, 
that  the  fellows  in  the  census  office  at  Washington  are,  as  one  of  your 
men  put  it,  dazed.  They  are  inclined  to  think  there  is  something  the 
matter  with  the  returns,  and  before  announcing  the  facts  of  your  growth 
from  a  population  standpoint  they  are  going  to  check  up  again  and  find 
out  if  someone  somewhere  has  not  made  a  mistake.  It  was  my  pleasure 
five  years  ago  to  visit  the  city  of  Los  Angeles.  You  have  doubled  in  pop- 
ulation in  that  time.  Under  ordinary  rules  I  believe  mankind  is  per- 
mitted to  double  only  about  once  in  twenty-five  years,  you  have  done  it 
in  less  than  ten  and  ready  to  repeat  (applause).  You  have  an  enterpris- 
ing people  here;  and  one  of  the  best  governments  of  any  city  in  the 
United  States  (applause).  You  have  a  law  here  that  provides  when  an 
unworthy  man  is  elected  to  fill  a  public  office  the  people,  the  sovereign 
people  of  your  city,  can  recall  that  man.  (Applause).  Times,  as  one 
man  said,  are  changing.  Indeed  they  are — Maine  has  gone  Democratic. 


AMERICAN  MINING  CONGRESS  27 

(Laughter).    Now,  I  must  not  detain  you  longer.    I  am  indeed  glad  to 
meet  with  you  in  these  sessions. 

PRESIDENT  BUCKLEY:  My  friend  David  Ross  of  Illinois  forgot 
to  tell  you  that  Missouri  went  Republican  too.  (Laughter  and  applause.) 
It  is  the  order  now  to  hear  from  Missouri.  I  would  like  to  ask  Mr.  Mal- 
colmson  to  come  to  the  platform  and  speak  in  behalf  of  the  imperial 
state  of  Missouri. 

MR.  J.  W.  MALCOLMSON,  of  Missouri:  Gentlemen,  there  is  hardly 
a  city  or  town  in  the  state  of  Missouri  where  some  citizen  there  does  not 
hope  that  some  time  or  other  he  may  have  an  opportunity  to  come  to  Los 
Angeles,  and  it  is  a  great  pleasure  for  me  to  be  here  and  to  see  this 
beautiful  town. 

Now,  we  have  heard  about  the  coal  of  Illinois  and  the  very  long 
time  they  have  been  mining  it  there,  but  I  would  like  to  give  you  a  little 
matter  of  history  about  mines  in  Missouri.  We  are  mining  stay-at-home 
metals  in  Missouri — zinc  and  lead.  Three  years  ago,  I  believe  it  was,  our 
production  commenced  to  increase  enormously,  and  today  and  during  the 
past  three  years  Missouri  has  produced  more  lead  and  more  zinc  than  any 
other  state  in  the  Union,  and  during  the  past  year  Missouri  has  produced 
more  lead,  outside  of  the  United  States,  than  any  other  country  on  earth, 
and  it  is  not  that  the  ore  is  so  over  abundant  there,  because  the  lead  be- 
ing mined  in  southeastern  Missouri,  south  of  the  city  of  St.  Louis,  is  per- 
haps the  lowest  grade  lead  ore  being  mined  in  the  world,  and  the  zinc 
of  Joplin  is  very  low  grade. 

When  I  tell  people  I  am  in  the  mining  business  I  often  notice  a 
smile  come  over  the  faces  of  the  people  I  am  addressing,  and  I  think 
every  mining  man  should  be  prepared  to  magnify  his  business.  The 
mining  business  is  the  most  important  business  in  the  world.  There  are 
three  ages  in  the  history  of  civilization:  one  is  the  stone  age,  and  it  was 
during  the  stone  age  that  stones  were  used  by  women  to  grind 
corn,  the  second  age  was  the  bronze  age,  when  the  Phoenicians  developed 
the  copper  mines  of  that  country.  The  third  period  of  the  world's 
history  is  the  iron  age,  and  it  is  with  the  mining  of  iron  and  the  mining 
of  other  metals  that  have  come  with  iron  that  the  present  progress  of 
civilization  is  concerned.  If  it  were  not  for  the  fact  that  we  are  mining 
coal  and  iron  and  copper  and  other  metals  we  would  today  be  in  the 
same  position  as  those  ancient  people  who  were  using  stones.  Our  wives 
today  would  be  grinding  corn  on  rocks,  and  it  is  altogether  due  today  to 
the  mining  business  that  Los  Angeles  is  where  it  is  and  that  Missouri  is 
where  it  is.  Were  there  no  mining  business  there  would  have  been  no 
bronze  and  no  bronze  age,  there  would  have  been  no  iron,  and  no  iron 
age,  and  I  think  every  man  has  a  right  to  magnify  his  business  and  to 
feel  that  there  is  no  business  to  be  compared  with  it,  for  that  reason. 

I  thank  you.     (Applause.) 

PRESIDENT  BUCKLEY:  WTe  had  the  pleasure  last  year  of  visit- 
ing that  most  delightful  city  of  Nevada,  Goldfield.  There  are  other 
cities  in  Nevada  besides  Goldfield,  and  we  are  to  be  represented  here 
today  by  a  gentleman  from  another  section  of  the  state,  who  is  to  re- 
spond to  the  addresses  of  welcome  on  behalf  of  Nevada.  I  take  pleasure 
in  introducing  Mr.  James  W.  Abbott  of  Nevada. 

JAMES  W.  ABBOTT,  of  Nevada:  Members  of  the  American  Min- 
ing Congress,  Ladies  and  Gentlemen:  Do  not  think  that  Nevada  has 
come  here  to  boast.  I  do  not  know  that  any  special  advantage  would 
come  to  the  state  by  attempting  to  declare  its  preeminence  in  any  par- 
ticular line.  The  history  of  Nevada  is  known  to  many,  particularly  to 
mining  men;  but  Nevada  feels  very  thankful  indeed  for  this  occasion; 
it  feels  very  thankful  that  the  mining  men  of  the  United  States  have  the 
opportunity  to  come  to  this  coast  and  see  for  themselves  what  a  mining 
metropolis  it  is  possible  to  produce  in  the  West.  Los  Angeles  is  the  city 
that  in  the  future  at  some  time  is  going  to  become  the  great  mining 


28  OFFICIAL  PROCEEDINGS 

metropolis  of  the  West.  It  is  going  to  occupy,  to  the  West,  the  same  rela- 
tive position  that  New  York  occupies  to  the  entire  country.  But  it  has 
been  an  up-hill  job.  The  most  marvelous  lack  of  perception  that  I  have 
ever  known  of  in  my  life  has  been  the  lack  of  perception  of  the  great 
newspapers  of  this  city  on  the  subject  of  mining  in  its  relation  to  this 
town.  Mining  made  the  central  cities  of  this  continent.  Mining  made  Den- 
ver; it  made  Spokane;  it  made  Salt  Lake  City,  and  they  had  sufficient 
judgment  and  foresight  to  understand  where  their  bread  and  butter  came 
from  and  to  do  their  best  to  stimulate  their  own  possibilities.  This  city 
has  seemed  to  me  to  be  ashamed  of  the  very  greatest  resource,  in  my 
judgment,  which  it  has  today.  I  did  not  come  here  to  find  fault  with 
Los  Angeles;  I  am  proud  of  Los  Angeles.  I  am  proud  of  it  as  an  Amer- 
ican citizen;  I  am  proud  of  it  as  our  metropolis;  and  I  feel  that  we  have 
had  our  part  in  making  Los  Angeles  what  she  is  now,  and  we  shall  have 
a  continuing  and  increasing  part  in  helping  to  make  of  Los  Angeles  what 
she  is  going  to  be. 

Nevada  comes  here  in  a  spirit  of  thankfulness  for  this  Mining  Con- 
gress and  its  accomplishments.  The  state  of  Nevada  understands  that 
to  the  Mining  Congress  has  been  due  the  establishment  of  the  National 
Bureau  of  Mines,  the  most  practically  important  bureau  that  has  been 
established  at  Washington  in  the  last  twenty-five  years.  (Applause.) 
Nevada  is  thankful  that  we  have  had  a  president  with  sufficient  percep- 
tion to  understand  and  to  accept  the  judgment  of  the  mining  men  who 
asked  him  to  appoint  Dr.  Holmes.  (Applause.)  And  I  want  to  say  if 
he  had  selected  Mr.  Parker  he  would  then  have  conferred  a  great  credit 
upon  the  industry  and  upon  all  the  friends  of  the  industry.  (Applause.) 

Nevada  feels  that  the  Mining  Congress  has  only  begun  its  field  of 
usefulness.  Nevada  feels  that  there  are  many  questions  of  extreme  im- 
portance for  this  industry  which  have  got  to  be  worked  out.  The  subject 
of  silver  became  somewhat  obnoxious  to  the  people  of  the  United  States 
because  it  was  treated  as  a  political  subject;  but  I  want  to  tell  you,  gen- 
tlemen, that  the  subject  of  silver  is  not  a  political  subject;  it  is  an  in- 
dustrial subject.  By  allowing  silver  to  depreciate  in  value  relatively  to 
gold  we  are  building  up  on  the  shores  of  that  distant  land  across  the  Pa- 
cific an  industrial  competition  that  is  going  to  take  away  the  bread  and 
butter  from  our  own  working  people  unless  we  rise  to  a  comprehension 
of  the  situation  and  take  steps  to  avert  it.  That  is  a  subject  which  inter- 
ests us  in  Nevada.  Nevada  has  come  to  be  known  and  recognized 
throughout  the  United  States  as  the  silver  country.  Now,  it  is  not  true 
that  silver  is  our  main  product  today;  Nevada  is  one  of  those  wonderfully 
adaptable  states  which  can  turn  with  the  tide,  and  when  silver  became 
discredited  Nevada  had  the  good  sense  and  the  ability  to  turn  to  gold, 
and  Nevada  today  has  the  greatest  producing  gold  mine  this  world  has 
ever  seen.  But  Nevada  has  silver  everywhere.  Nevada  wants  to  utilize 
that  silver;  she  wants  to  stimulate  those  industries  into  which  silver 
enters  as  an  important  factor,  and  she  wants  to  do  that  because  that  is 
a  natural  and  proper  way  to  develop  her  resources;  but  you  gentlemen 
who  live  in  Illinois  are  just  exactly  as  much  interested  in  the  question 
of  silver  as  you  are  in  the  question  of  coal.  You  have  in  Illinois  some  of 
the  greatest  factories  which  produce  the  products  of  iron  and  steel,  some 
of  the  greatest  in  the  world,  some  of  the  most  important,  and  those  fac- 
tories are  very  essential  to  your  prosperity.  If  you  are  going  to  let  the 
Chinese  and  the  Japanese  and  the  Hindus  and  all  those  people  that  enter 
into  what  is  known  as  the  "yellow  peril" — if  you  are  going  to  let  them 
come  and  capture  your  markets  right  in  your  own  homes  then  you  will 
understand  what  the  fallacy  has  been  of  calling  silver  a  political  ques- 
tion. I  do  not  feel  that  politics  should  fairly  come  into  the  deliberations 
of  a  body  of  this  kind,  but  politics  and  business  are  pretty  closely  allied 
sometimes.  I  have  always  felt  that  when  General  Hancock,  when  he 
was  running  for  president  of  the  United  States  on  the  Democratic  ticket, 
said  that  the  tariff  was  largely  a  local  issue  he  expressed  a  truism.  Pol- 
itics really  means  the  best  interests  of  the  people  who  have  occasion  to 
cast  a  vote.  You  do  not  cast  a  vote  because  you  want  to  advance  some 


AMERICAN  MINING  CONGRESS  29 

abstract  principle,  and  you  do  not  cast  a  vote  because  you  want  to  be 
relatively  strong,  but  in  your  own  heart  you  cast  it  because  you  think  it 
is  for  your  own  best  private  interests. 

I  want  to  say  one  word  about  Mr.  Pinchot.  I  have  just  left  Mr. 
Pinchot.  I  had  the  good  fortune  to  be  invited  to  a  luncheon  where  he 
made  the  principal  address  today,  and  he  will  make  an  address  before 
you  tonight.  Many  of  you  disagree  with  Mr.  Pinchot.  So  far  as  I  know, 
I  am  diametrically  opposed  to  some  things  Mr.  Pinchot  advocates,  but 
I  want  to  tell  you  that,  of  my  own  knowledge,  there  is  not  in  the  United 
States  today  a  more  sincere  man  than  Gifford  Pinchot.  I  think,  taking 
him  all  in  all,  he  is  the  most  lovable  character  in  the  public  eye  today 
and  perhaps  the  most  lovable  character  that  has  ever  been  in  the 
public  eye  in  this  country  within  my  recollection.  I  have  seen  Mr.  Pin- 
chot take  a  convention  that  was  against  him  almost  to  a  man,  where 
there  were  angry  feelings,  angry  thoughts,  angry  words,  and  I  have  seen 
him  smooth  out  that  convention  as  one  would  smooth  out  the  troubled 
waves  of  the  sea  in  a  storm  by  pouring  on  oil.  He  did  it  calmly,  by  ex- 
plaining to  them  why  he  believed  as  he  did,  and  I  tell  you  my  feeling 
toward  Mr.  Pinchot  is  this — that  no  matter  how  much  I  might  differ 
from  him  upon  any  subject  of  importance,  I  know  of  nobody  else  to 
whom  I  would  go  and  say  "I  want  the  facts,  and  I  shall  believe  what  you 
tell  me  to  be  the  facts."  Now,  I  am  not  at  all  sure  that  Mr.  Pinchot  is  not 
coming  here  to  tell  us  some  facts  that  we  do  not  yet  know.  He  is  a 
student.  Mr.  Pinchot  is  devoting  his  life  to  his  fellow  citizens.  He  has 
no  family,  he  has  no  personal  pleasure  to  gratify,  he  lives  plainly,  he 
works  hard  all  of  the  time,  and  he  thinks  every  minute  for  his  fellow 
citizens,  for  the  common,  plain  man,  who  finds  the  problems  of  life 
hard,  and  Mr.  Pinchot's  one  thought  is  to  make  those  problems  easier. 

Gentlemen,  I  thank  you.     (Applause.) 

PRESIDENT  BUCKLEY:  I  now  take  pleasure  in  introducing  to 
you  Dr.  Harvey  M.  Shields  of  Dawson,  New  Mexico,  who  will  respond 
in  behalf  of  New  Mexico. 

MR.  SHIELDS:  I  think  this  is  the  first  time  the  two  words  "New" 
and  "Mexico"  have  been  joined  together  in  a  sentence  addressed  to  this 
assembly.  I  thought  this  morning  that  New  Mexico  had  been  forgotten. 
Some  one  spoke  of  putting  the  thumb  upon  Los  Angeles  and  describing 
a  semi-circle  as  far  as  the  hand  would  reach,  and  New  Mexico  was  not 
included.  We  in  New  Mexico  put  the  thumb  upon  Albuquerque  and  ex- 
pand the  fingers  as  far  as  we  can,  and  then,  sad  to  say,  we  think  that 
what  is  beyond  the  compass  is  what  the  Creator  happened  to  have  left 
over.  (Laughter.) 

I  had  the  pleasure  a  few  years  ago  of  being  associated  in  Washing- 
ton city  with  one  of  those  men  who  have  already  spoken  this  afternoon, 
General  Sampson,  in  the  anti-joint  statehood  contest  when  Arizona  and 
New  Mexico  had  reached  a  firm  conclusion  that  they  did  not  wish  to  be 
joined  in  the  bonds  of  matrimony,  and  as  I  listened  to  General  Sampson's 
words  today  I  appreciated  the  force  of  them  and  realized  the  greatness 
of  Arizona  as  only  one  could  who  has  himself  spent  nine  years  of  his 
life  there  among  mining  men,  employer  and  employe.  When  I  listened 
to  General  Sampson's  words  and  realized  anew  the  greatness  of  Arizona, 
I  remembered  that  Arizona  was  at  one  time  a  part  of  Dona  Ana  county, 
New  Mexico,  (laughter),  which  is  a  historic  fact,  and  these  two  prospec- 
tive states — for,  thank  high  heaven,  there  is  another  hope  of  still  another 
star  on  that  same  flag, — New  Mexico  and  Arizona  are  so  great  a  body 
of  territory  that  a  line  drawn  from  Yuma,  in  the  southwestern  corner  of 
Arizona,  to  the  northeastern  corner  of  New  Mexico  would  be  as  long  as 
the  distance  between  the  Mississippi  river  and  Cape  Cod,  lacking  two 
hundred  miles.  And  these  two  territories  embrace  not  merely  territory, 
they  do  not  encompass  mere  space,  but  encompass  peoples  and  proper- 
ties and  climates  and  opportunities  and  possibilities  that  are  beyond 
any  one's  dream  who  had  not  spent  some  time  at  least  within  their 
boundaries.  Arizona  has  but  recently  occupied  first  place  in  copper,  and 


30  OFFICIAL  PROCEEDINGS 

so  great  are  the  resources  of  these  territories  that  in  one  instance,  the 
copper  fields  of  Arizona  are  linked  with  coal  and  coking  plants  in  New 
Mexico  by  a  span  of  railroad  a  thousand  miles  long,  the  copper  and  the 
coal  and  the  railroad  all  owned  by  one  and  the  same  great  company;  and 
in  addition  to  this  company  operating  in  these  two  territories  there  are 
other  companies,  represented  by  Colonel  Powell,  who  has  spoken  to  us 
today,  and  by  other  men  of  capacity  and  capital  among  you. 

It  happened  providentially,  two  and  a  half  years  ago,  that  I  was  led 
across  from  Arizona,  where  I  had  spent  several  years  among  mining  men 
in  Bisbee,  to  Dawson,  New  Mexico,  the  great  coal  region.  I  can  not  un- 
derstand it.  How  is  it  possible  there  should  be  so  much  coal  in  this 
country.  Why,  I  had  begun  to  think  that  all  the  coal  was  in  Dawson,  and 
I  learn  this  afternoon  there  is  a  little  bit  in  Illinois.  I  had  occasion  to 
remark  at  a  banquet  given  in  honor  of  Governor  Mills  in  the  city  of 
Raton  a  few  months  ago  that  the  commissioners  of  Colfax,  New  Mexico, 
of  whom  I  have  the  honor  to  be  one,  have  more  affairs  in  their  care  and 
keeping  than  some  entire  legislatures  of  eastern  states,  and  it  is  true. 
Colfax  county  itself  is  a  state,  and  there  are  twenty-five  other  counties 
in  New  Mexico.  You  who  are  here  so  close  to  the  sea,  you  who  look 
upon  the  setting  sun,  you  who  know  the  Golden  West  must  not  forget 
that  between  you  and  the  Atlantic  seaboard  there  lie  enormous  interests 
still,  and  if  Colorado  and  Northern  California  and  Arizona  are  to  con- 
tribute to  the  greatness  of  Los  Angeles,  which  some  day  is  to  be  the 
Queen  City  of  the  southwest,  of  the  United  States,  of  the  world  (ap- 
plause), I  beg  of  you  not  to  forget  that  New  Mexico  would  like  to  be 
ranked  side  by  side  with  Northern  California  and  with  Colorado  and  Ari- 
zona as  one  who  shall  serve  this  great  city  in  time  to  come.  (Applause.) 
So  do  not  forget  us.  Do  not  forget  that  land  that  has  a  combination  of 
all  the  good  qualities  of  an  Anglo-Saxon  with  a  Latin  civilization.  I 
look  often  at  the  Mexican  at  his  work  and  think  of  him  as  having  some 
of  the  bluest  blood  that  ever  flowed  through  tissue  of  arm  and  brain. 
I  think  of  him  as  having  in  his  veins  the  blood  of  the  old  Moorish  con- 
querors; I  think  of  him  as  having  in  his  veins  the  blood  of  the  old  Span- 
ish Dons;  I  think  of  him  as  having  in  his  veins  the  blood  of  the  old  Tol- 
tec  and  Aztec  civilization  that  preceded  with  its  glories,  the  glories  we 
are  seeking  to  enhance  today.  I  think  of  the  fact  that  the  Latin  civiliza- 
tion of  New  Mexico  now  coalesces  with  the  Anglo  Saxon  civilization  that 
has  come  from  the  north  and  the  east  and  the  south  and  the  farther  west. 
I  think  of  the  fact  that  we  are  a  composite  people;  I  think  of  the  Indians, 
in  twenty  pueblos  there,  who  have  as  pure  a  form  of  democracy  in  a  re- 
publican government  as  can  be  found  anywhere  in  history — an  argu- 
ment for  your  and  my  confidence  as  to  our  Republic  in  its  greatness,  that 
it  will  be  permanent.  For  through  years  and  years  untold  the  Pueblo 
Indians  of  New  Mexico,  though  under  the  influence  of  one  state  and  an- 
other, have  maintained  their  own  autonomy  as  small  republics,  with  their 
governor  and  lieutenant  governor,  and  with  the  several  parts  of  the 
pueblo  represented  in  a  common  council.  I  think  of  the  contribution 
that  is  to  be  made  to  the  folk  lore  of  America  by  the  pueblo  Indians;  1 
think  of  the  Montezumas  who  have  been  there;  I  think  of  that  tradition 
of  the  famous  Jemez  pueblo,  where,  at  every  succeeding  sunrise,  up  an 
eastern  hill  an  Indian  sentinal  goes  to  look  for  the  return  of  his  ancient 
king,  who  three  centuries  ago  was  thrown  by  the  Spaniards  from  a  cliff, 
four  miles  to  the  north.  The  long  expectation  is  that  he  shall  come 
again  on  the  back  of  an  eagle  some  day  at.  morning  light.  So  the  pueblo 
Indian  looks  forward  with  hope  to  the  realization  of  some  golden  dream 
that  has  lain  in  the  heart  of  his  ancestors.  But  we  have  more  there  than 
the  Mexican  people,  more  there  than  the  Pueblo  Indian;  we  have  there 
the  Anglo-Saxon  race  in  full  control.  True  enough,  here  and  there  in 
the  smaller  towns  and  mining  camps,  the  American  ideal  is  in  embryo, 
but  developing  more  and  more,  in  cities  like  Raton,  the  gateway  to  the 
territory;  like  Las  Vegas,  like  Albuquerque,  like  Dawson  if  you  please, 
where  almost  every  nationality  upon  the  face  of  the  earth  is  represented 
among  its  five  thousand  people — a  cosmopolitan  population  indeed;  like 
Silver  City,  Deming,  Roswell,  Alamogordo,  Tucumcari,  Las  Cruces, 


AMERICAN  MINING  CONGRESS  31 

Clovis,  Vaughn,  Albuquerque,  Santa  Fe, — that  place  where  the  faith  of 
the  Triune  has  been  so  long  maintained.  Into  New  Mexico  we  have 
brought  to  bear  upon  all  the  problems  that  are  to  be  solved,  upon  all  of 
the  resources  that  are  to  be  developed,  our  Anglo-Saxon  civilization  with 
its  institutions,  its  courts,  its  schools,  its  churches,  confronted  with  a 
future.  The  great  coal  fields  are  there;  there  are  copper  properties 
there;  there  are  lead  mines  there;  and  zinc  mines  and  silver  mines  and 
gold  mines,  with  turquoise;  and  every  day  from  one  town  in  New  Mex- 
ico two  large  trains  of  iron  ore  go  out.  There  are  forests  and  rivers  and 
valleys  and  plains  and  a  half  million  souls.  Look  well  to  your  laurels, 
other  parts  and  other  people,  for  New  Mexico  is,  and  is  to  be  heard  from. 
I  thank  you.  (Applause.) 

PRESIDENT  BUCKLEY:  New  York,  the  "Empire  State,"  will  be 
responded  to  by  Dr.  F.  J.  H.  Merrill. 

MR.  MERRILL,  of  New  York:  Mr.  President  and  Delegates  to  the 
American  Mining  Congress:  It  is  with  deep  appreciation  that  I  respond 
for  New  York,  because  New  York  has  not  generally  been  regarded  as  a 
mining  state.  While  we  have  mines  of  iron  and  mines  of  salt,  our  min- 
eral resources  lie  chiefly  in  the  materials  of  construction — in  building 
stones,  in  clay  for  brick  and  pottery,  in  lime  and  cement,  in  petroleum 
and  in  natural  gas;  and  while  California  was  first  to  offer  vast  treasures 
of  precious  metal  to  the  miner  and  thus  attracted  across  the  continent 
the  hardy  Argonauts  of  '49  in  their  quest  of  the  golden  fleece  and  in  the 
development  of  its  territory,  it  has  turned  to  the  exploitation  of  other 
minerals  which  are  all  needed  in  its  commerce  and  which  have  meant  so 
much  to  the  Empire  State.  The  golden  state  today  is,  in  turn,  producing 
building  stone,  brick  and  pottery,  salt  and  borax,  and  that  limitless  flood 
of  liquid  fluid  which  has  replaced  coal  and  surpassed  in  value  all  other 
mineral  products  of  the  state.  Where  many  a  western  state  is  today 
New  York  stood  two-thirds  of  a  century  ago.  But  now  steam  and  elec- 
tricity make  the  progress  of  development  more  rapid,  and  so  New  York 
greets  you  as  a  state  whose  sons  are  found  wherever  there  are  things 
worth  doing,  a  state  which  many  a  western  mining  man  calls  home.  The 
Empire  State  greets  you  cordially  and  fraternally  and  wishes  the  Con- 
gress success  in  all  its  affairs. 

I  thank  you.     (Applause.) 

PRESIDENT  BUCKLEY:  If  there  is  any  one  state  in  the  Missis- 
sippi valley  that  impresses  one  as  a  region  of  blizzards  and  dust  storms 
and  muddy  rivers  it  is  the  state  of  Nebraska;  but  I  think  the  gentleman 
who  is  going  to  speak  to  you,  responding  on  behalf  of  the  state  of  Ne- 
braska, can  find  lots  of  virtues  to  commend  her  to  the  people  of  the  state 
of  California.  I  am  sure  she  has  many  of  the  very  best  men  in  this  coun- 
try. You  can  not  produce  good  men  without  something  good  to  produce 
them  out  of.  Mr.  George  W.  E.  Dorsey  of  Nebraska  will  now  address 
you. 

MR.  DORSEY,  of  Nebraska:  Mr.  President  and  gentlemen  of  the 
American  Mining  Congress:  I  do  not  want  to  talk  to  you  today  about 
the  blizzards  of  Nebraska.  I  have  been  through  them;  but  I  was  also 
through  an  earthquake  in  San  Francisco  a  few  years  ago,  and  after  hear- 
ing the  gentleman  this  morning  speak  so  eloquently  on  the  Great  South- 
west, and  my  friend  from  Illinois  telling  of  the  hundreds  of  thousands 
of  millions  of  tons  of  coal  that  underlie  that  great  state,  and  the  gentle- 
men from  Arizona  telling  us  that  that  is  the  greatest  country  on  earth, 
I  am  reminded  of  something  that  an  old  gentleman  said  to  me  when  I 
was  passing  through  Arizona.  I  asked  him,  "Are  you  a  resident  of  this 
territory?"  He  says,  "I  have  been  here  for  forty  years."  I  says,  "What 
do  you  think  of  it?  How  do  you  like  it?"  "Well,"  he  says,  "Stranger, 
let  me  tell  you.  There  are  more  cow  critters  here  and  less  milk,  there 
are  more  rivers  and  less  water,  and  you  can  look  farther  and  see  less, 
than  in  any  country  in  God's  world."  (Laughter). 


32  OFFICIAL  PROCEEDINGS 

But  Arizona  is  a  great  mineral  state — I  realize  that.  So  is  New 
Mexico,  so  is  California,  so  is  Nevada,  so  is  Utah  and  so  are  other  states, 
and  I  wish  I  could  tell  you  that  we  have  within  the  borders  of  Nebraska 
some  of  the  coal  that  they  have  in  Illinois  and  have  some  of  the  great 
gushers  that  you  have  out  here  at  Midway,  or  had  a  mine  like  the  Gold- 
field  Consolidated,  the  greatest  gold  mine  in  the  world,  or  a  copper  mine 
like  the  Utah  copper  mine  at  Bingham,  Utah,  or  had  some  lead  deposits 
like  they  have  at  Joplin  or  Coeur  d'Alene.  But  we  have  none  of  those 
things  in  Nebraska.  We  are  an  agricultural  state. 

How  could  you  get  along  in  your  mines  if  we  did  not  send  you  from 
Nebraska  the  foodstuffs,  if  we  did  not  send  you  our  beef  and  our  mutton 
— our  Nebraska  fed  mutton — if  we  did  not  send  you  the  hay  and  the  oats 
that  the  patient  mule  consumes  as  he  pulls  the  car  along  on  the  tram- 
way? Those  things  we  have  in  abundance,  and  we  have  as  salubrious  a 
climate  as  there  is  on  the  footstool,  and  all  those  things  that  go  to  make 
up  a  happy,  contented  people  we  have  in  Nebraska.  No  more  prosper- 
ous people  live  on  the  face  of  the  earth  than  we  have  in  the  state  of 
Nebraska;  no  higher  degree  of  intelligence  can  be  found  than  we  have  in 
the  state  of  Nebraska.  For  all  those  things  we  are  proud  of  our  state. 

Now,  gentlemen,  I  have  been  connected  with  the  American  Mining 
Congress  since  its  organization  when  we  first  met  at  Denver,  and  I  have 
spent  my  time  and  have  gone  to  its  sessions  whenever  possible,  and  I 
want  to  congratulate  you  here  today  upon  the  success  we  have  attained 
so  far,  that  is,  the  creation  of  the  Bureau  of  Mines,  the  bill  for  which  was 
signed  since  we  last  met  in  Goldfield;  and  upon  the  appointment  of  Dr. 
Holmes,  who  is  one  of  the  most  efficient  men.  Much  good  will  come  to 
the  mining  industry  of  the  country  through  his  administration  of  that 
office  I  am  sure. 

Now,  we  have  other  problems  to  meet,  and  we  will  have  debates 
over  those  problems,  and  I  want  you  to  try,  in  the  course  of  those  dis- 
cussions, to  keep  down  acrimonious  debate,  as  some  of  us  who  have  been 
prominent  in  past  sessions  of  the  Congress  have  endeavored  to  do.  If 
another  man  thinks  differently  from  your  views  do  not  call  him  a  liar, 
for  you  are  liable  to  get  something  in  your  face.  (Laughter.)  Smooth 
it  out.  Pour  oil  on  the  troubled  waters.  That  is  my  advice  to  this  Con- 
gress today,  and  I  think  we  will  meet  all  these  problems  and  solve  them. 
I  have  my  ideas,  and  I  am  not  saying  that  every  man  that  does  not  agree 
with  me  is  a  fool  or  a  liar  or  wrong;  I  want  to  give  him  credit  for  being 
as  honest  as  I  am.  Let  us  meet  those  problems  and  discuss  them  and  act 
in  such  way  that  good  can  come  to  the  mining  industry.  This  matter  of 
conservation  is  right  now  before  us,  and  we  must  meet  it,  and  meet  it 
fairly,  and  what  this  Congress  does  will  have  its  weight  with  the  Bureau 
of  Mines  and  with  the  Congress  of  the  United  States. 

Now,  in  closing  I  wish  to  thank  the  citizens  of  the  state  of  Califor- 
nia, of  Los  Angeles,  and  of  the  Sierra  Madre  Club  for  the  magnificent 
reception  they  have  given  us  here.  The  keys  of  the  city  were  presented 
to  our  president,  and  I  am  sure  the  kind  words  that  were  spoken  by  tht: 
mayor  came  from  his  heart,  and  I  am  glad  indeed  to  be  with  these  people. 

Now,  Ladies  and  Gentlemen,  I  hope  you  will  have  a  good  time  here, 
and  I  hope  we  will  have  a  full  attendance  and  a  free  and  open  discussion 
of  all  questions  that  come  before  this  Congress. 

I  thank  you.     (Applause.) 

PRESIDENT  BUCKLEY:  I  do  not  know  whether  I  have  the  right 
to  make  a  remark  of  this  character  or  not,  but  I  think  when  we  consider 
things  judiciously  and  calmly  and  conservatively  we  must  accept  the  gen- 
eral opinion  that  today  the  center  of  the  mining  industry  is  in  Salt  Lake 
City,  Utah.  (Applause  from  Utah  delegation.)  I  take  great  pleasure  in 
introducing  to  you  Mr.  John  Dern,  a  man  well  known  among  the  mining 
men  of  the  West,  who  will  respond  on  behalf  of  the  state  of  Utah. 

MR.  JOHN  DERN,  of  Utah:  Mr.  President  and  Delegates  to  the 
American  Mining  Congress,  Ladies  and  Gentlemen:  After  listening  to 
those  splendid  speeches  of  welcome  with  which  we  were  greeted  this 


AMERICAN  MINING  CONGRESS  33 

morning,  and  the  forceful  responses  this  afternoon,  I  hesitate  somewhat, 
in  my  usual  modest  way,  to  come  here  and  respond  in  behalf  of  the  state 
which  I  love  so  well. 

I  am  afraid  this  business  of  responding  on  behalf  of  the  State  of 
Utah  is  getting  to  be  a  habit  with  me.  However,  I  do  not  consider  it  a 
bad  habit,  and  on  this  particular  occasion  I  take  unusual  pleasure  in  in- 
dulging it. 

The  Utah  delegation  is  thankful  for  the  cordial  welcome  it  has  re- 
ceived from  Los  Angeles,  and  we  are  glad  to  be  here.  Utah  people  are 
always  glad  to  come  to  California,  and  whenever  we  want  a  holiday,  we 
head  in  this  direction.  One  of  my  fellow  citizens  has  called  Southern 
California  a  great  playground.  I  dare  say  some  of  the  men  of  Los 
Angeles,  who  are  noted  for  their  wonderful  energy,  will  hesitate  to  ac- 
cept this  limitation,  but  considered  as  a  playground,  Southern  California 
is  certainly  incomparable.  And  so  when  we  want  a  change,  we  get  on 
the  Los  Angeles  Limited  and  run  down  here  to  rest  up. 

We  make  a  good  many  claims  for  our  own  state,  but  when  we  are 
outdone,  we  freely  admit  it.  We  have  a -glorious  climate,  and  the  ma- 
jority of  the  people  of  our  state  are  Saints;  but  what  does  that  amount 
to  in  comparison  with  a  land  where  they  have  summer  all  winter  long, 
and  where  they  have  a  City  of  Angels? 

I  can  say  without  hesitation  that  Utah  has  unbounded  admiration 
for  California,  with  its  vast  extent  of  territory,  its  wonderful  diversi- 
fied resources,  its  world-famed  climate,  and  its  enthusiastic,  optimistic 
citizens.  We  hope  we  merit  reciprocal  sentiments  on  the  part  of  Cali- 
fornia for  Utah,  and  if  we  are  forced  to  admit  that  in  many  things  our 
big  neighbor  can  produce  bigger  statistics  than  we,  we  are  proud  to  ex- 
plain that  we  are  young  yet. 

This  session  of  the  American  Mining  Congress  differs  in  a  measure 
from  those  of  the  past.  Heretofore  we  have  subsisted  principally  on 
hope;  now  we  can  partake  of  the  fruits  of  achievement.  I  refer  to  the 
lact  that  a  Bureau  of  Mines  has  been  established  in  the  Department  of 
the  Interior,  and  thus  one  of  the  prime  objects  of  this  Congress  has  been, 
ai  least  in  a  measure,  accomplished. 

The  American  Mining  Congress  has  developed  out  of  a  meeting  that 
was  called  in  Denver,  a  number  of  years  ago,  for  the  purpose  of  arousing 
sentiment  for  the  creation  of  a  National  Department  of  Mines  and  Min- 
ing, with  a  Cabinet  officer  at  its  head.  It  was  recognized  that  the  agri- 
cultural industry  had  been  materially  benefitted  by  the  Department  of 
Agriculture,  and  as  mining  is  scarcely  secondary  to  agriculture,  and  as 
all  other  industries  may  be  said  to  rest  upon  these  two,  we  maintained 
that  mining  should  have  similar  recognition.  Throughout  the  years  of 
the  existence  of  our  organization,  this  principle  has  been  adhered  to  and 
fought  for.  For  a  long  while  we  seemed  to  make  very  little  progress, 
but  gradually  the  leaven  began  to  work.  During  President  Roosevelt's 
administration,  an  attempt  was  made  to  enlist  his  support  for  the  propo- 
ganda.  Mr.  Roosevelt  said  the  Cabinet  was  too  large  already,  and  he 
did  not  want  any  more  secretaries,  but  he  appreciated  the  importance  of 
the  mining  industry,  and  declared  himself  favorable  to  the  creation  of  a 
Bureau  of  Mines  in  the  Department  of  the  Interior.  Our  former  presi- 
dent, Judge  Richards,  to  whom  the  American  Mining  Congress  owes  a 
debt  of  gratitude  for  piloting  it  through  seven  troublous  years,  spent 
months  at  Washington,  and  the  bill  for  a  Bureau  was  passed  by  the 
House,  but  failed  in  the  Senate. 

Last  summer  I  had  the  privilege  and  pleasure  of  a  personal  inter- 
view with  President  Taft,  and  he  said  he  thought  it  would  be  absolutely 
impossible  to  get  a  department  but  agreed  to  support  a  Bureau  of  Mines, 
and  advised  us  to  accept  that,  in  the  hope  that  it  might  eventually  de- 
velop into  a  Department  of  Mines  and  Mining,  with  a  cabinet  officer  at 
its  head. 

At  Goldfield,  last  year,  our  Congress  decided  to  work  for  a  Bureau 
of  Mines  at  the  ensuing  session  of  Congress,  and  Secretary  Callbreath 
was  instructed  to  go  J^5'SS5&ftw.  f  or  that  purpose.  His  labors  were 


34  OFFICIAL  PROCEEDINGS 

successful,  and  the  Bureau  of  Mines  is  now  an  established  fact.  I  am 
sure  we  are  all  glad  to  say  that  we  appreciate  the  good  work  done  by  Mr. 
Callbreath  in  this  matter,  as  well  as  in  the  other  affairs  of  the  American 
Mining  Congress,  to  which  he  gives  his  undivided  attention. 

I  also  believe  that  I  speak  the  sentiments  of  all  of  our  members 
when  I  say  I  am  more  than  gratified  that  the  first  chief  of  the  Bureau  of 
Mines  is  an  old  member  of  the  American  Mining  Congress,  that  man  of 
ability,  energy,  integrity  and  high  ideals,  Dr.  Joseph  A.  Holmes. 

And  so  we  feel  as  if  we  had  accomplished  something, — as  if  the 
American  Mining  Congress  had  a  worthy  achievement  to  its  credit.  I 
confidently  believe  that  the  new  Bureau  will  prove  as  beneficial  as  we 
have  claimed  it  would  be,  and  I  expect  the  results  will  justify  our  efforts. 

The  fact  that  this  object  has  been  practically  accomplished  does  not 
mean  that  the  American  Mining  Congress  no  longer  has  any  excuse  for 
living.  We  have  before  us  many  grave  and  important  questions,  which 
vitally  affect  the  mining  industry.  Our  opinions  and  actions,  if  they  are 
the  result  of  careful  deliberation  and  honest  thought,  will  be  not  only 
welcomed  but  sought  after  by  legislators  and  others  who  are  desirous  of 
reaching  right  conclusions.  We  ought  therefore  to  feel  encouraged  by 
our  success,  and  enter  with  renewed  ardour  upon  a  new  era  of  use- 
fulness. 

Before  I  close  I  must  make  some  pretense  of  speaking  to  my  sub- 
ject. I  arose  to  respond  on  behalf  of  Utah.  I  have  already  occupied  too 
much  time  to  speak  on  this  subject  as  I  should  like  to,  and  I  have  no  de- 
sire to  inflict  upon  you  a  lot  of  statistics  that  you  would  not  remember 
two  minutes. 

Utah  is  a  state  of  large  area,  and  great  latent  natural  resources.  To 
say  that  a  state  has  great  natural  resources  is  generally  something  of  a 
platitude,  but  applied  to  Utah  it  is  a  simple  statement  of  fact.  Originally 
Utah  was  simply  an  agricultural  state,  and  agriculture,  with  its  allied 
branches,  such  as  stock  raising,  etc.,  continues  to  be  its  mainstay. 

In  mineral  resources,  however,  we  are  wonderfully  rich.  Our  coal 
production  is  already  important,  and  we  have  immense  coal  measures 
that  have  not  yet  been  opened  up.  WTe  have  deposits  of  iron  which  some 
day  will  form  the  basis  of  a  great  manufacturing  industry.  Our  copper- 
mines  at  Bingham  are  the  wonder  and  admiration  of  the  world,  and  the 
work  there  inaugurated  is  rapidly  revolutionizing  the  copper  industry. 

In  the  production  of  silver,  Utah  is  the  fourth  state  in  the  Union, 
and  in  the  production  of  gold,  the  fifth.  Only  two  states  produce  more 
lead  than  Utah.  It  is  therefore  evident  that  we  are  justified  in  claim- 
ing a  high  mark  as  a  mineral  state.  I  will  not  refer  in  detail  to  our 
other  mineral  products,  such  as  zinc,  antimony,  the  hydro-carbons,  fire 
clay,  etc.  Suffice  it  to  say  we  have  them  all  in  abundance. 

The  smelting  industry  is  represented  perhaps  in  its  highest  develop- 
ment and  excellence  in  the  new  plants  in  Utah,  at  Murray,  Midvale, 
Garfield  and  Tooele.  Utah  has  no  competitor  as  the  smelting  center  of 
the  inter-mountain  region. 

Many  people  thing  the  climate  of  Utah  is  the  best  in  the  world.  Those 
who  consider  twelve  months  of  summer  enervating,  and  yet  do  not 
like  a  polar  winter,  will  be  charmed  with  Utah's  weather,  which  has  all 
the  seasons,  but  none  of  them  to  extreme. 

Salt  Lake  City  is  growing  rapidly,  and  is  becoming  one  of  theonost 
beautiful  cities  in  the  United  States.  Our  fine  homes  and  broad  streets, 
are  admired  by  all  travellers.  In  short,  we  are  building  up  a  city  of 
which  every  citizen  is  proud,  and  we  have  a  state  the  possibilities  of 
which  are  yet  undreamed. 

I  want  to  invite  all  of  the  members  and  delegates  to  stop  in  Utah 
on  their  way  home,  and  I  can  promise  you  that  you  Will  be  deeply  in- 
terested if  you  will  take  the  time  to  visit  our  mines,  mills  and  smelters. 
I  can  also  assure  you  that  you  will  see  a  beautiful  country,  a  prosperous 
people,  and  you  will  almost  certainly  have  perfect  weather  in  which  to 
enjoy  all  that  you  may  wish  to  see. 

I  thank  you  all  for  your  kind  attention. 


AMERICAN  MINING  CONGRESS  35 

PRESIDENT  BUCKLEY:  I  am  sure  it  will  be  a  great  pleasure  for 
you  to  know  that  we  have  with  us  this  afternoon  a  representative  of 
one  of  our  neighboring  countries,  and  it  will  give  us  great  pleasure  to 
have  a  response  from  Mr.  R.  W.  Brock,  the  Acting  Deputy  Minister  of 
Mines  of  Canada.  (Applause.) 

MR.  BROCK,  of  Canada:  Mr.  President,  Ladies  and  Gentlemen: 
I  am  sure  you  will  excuse  me  from  making  an  address  when  I  tell  you 
that  I  have  just  stepped  off  the  train  and  was  not  aware  of  what  the 
proceedings  of  today  were  to  be,  so  I  have  no  address  prepared.  But 
I  do  wish  to  thank  the  citizens  of  Los  Angeles  and  the  members  and 
president  of  the  Sierra  Madre  Club,  the  citizens  of  California  and  the 
Southwest  generally,  for  the  kind  hospitality  which  they  have  extended. 
It  is  a  matter  of  great  interest  to  us  in  Canada  to  follow  the  delibera- 
tions of  the  mining  men  of  the  United  States,  particularly  the  western 
men,  because  we  have  a  very  vivid  recollection  of  what  we  in  Canada 
o-we  to  the  mining  men  of  the'  United  States.  Like  Utah,  Canada  has 
been,  until  quite  recently,  an  agricultural  country.  About  twenty  years 
ago  the  mining  production  was  confined  almost  exclusively  to  coal, 
which  was  mined  at  the  extreme  east  and  extreme  west  of  Canada. 
Thanks  to  the  prospector  of  the  West  and  the  American  mining  en- 
gineer we  now  have  a  mining  industry  well  established.  The  last  year 
the  mineral  production  was  over  ninety  millions  of  dollars.  When  you 
consider  that  just  a  few  years  ago  we  had  no  industry  you  can  see  that 
we  have  got  fairly  started.  It  is  always  a  pleasure  for  us  to  visit  the 
United  States  and  see  the  immense  development  which  has  taken  place 
here.  We  are  some  years  behind  you,  but  are  occupied  with  the  same 
problems  as  you  have  here  in  developing  the  wonderful  resources  of 
half  a  continent. 

Mining  men  are  noble  citizens  of  the  world,  and  so  in  traveling 
through  here  we  meet  many  old  friends;  in  fact  coming  to  the  United 
States  from  Canada  it  is  not,  to  us,  coming  to  an  alien  land,  but  merely 
paying  visit  to  our  older  brother.  (Applause.) 

PRESIDENT  BUCKLEY:  Some  announcements  will  now  be  read 
by  the  secretary. 

SECRETARY    NORMAN:      I    have    received    the   following   resolu- 
tions for  submission  to  the  Resolutions  Committee: 

Resolution  No.    1. 

(By  S.  W.  Mudd.) 

Resolved  that  we  endorse  the  policy  of  the  officers  of  the  United 
States  Bureau  of  Mines  in  making  their  first  concern  the  increase  of 
safety  in  mining,  and  we  request  the  extension  of  this  work  to  cover 
metal  mines  as  well  as  collieries;  to  that  end  we  urge  that  rules  and 
regulations  for  working  mines  be  formulated  in  co-operation  with  work- 
ing miners  and  mine  operators,  for  guidance  of  federal  inspectors  in 
the  territories,  and  to  serve  as  a  model  for  enactment  by  the  states. 

Resolution  No.  2. 

(By  S.  W.  Mudd.) 

Whereas,  Excellent  results  have  followed  the  laboratory  studies 
of  the  Technologic  Division  of  the  LFnite-d  States  Geological  Survey, 

Be  it  Resolved,  That,  we  deem  it  of  first  importance  that  the 
United  States  Bureau  of  Mines  establish  a  well  equipped  chemico-phys- 
ical  laboratory  which  shall  be  reserved  exclusively  for  generic  and  fun- 
damental problems,  the  solution  of  which  will  be  of  service  to  the  entire 
industry — such  as  the  safe  and  economical  use  of  explosives,  safe  use 
of  electricity  in  mines,  the  scientific  study  of  the  obscure  chemical  and 


36  OFFICIAL  PROCEEDINGS 

physical  problems  that  underlie  important  metallurgical  processes — 
but  that  any  commercial  or  private  work  in  this  laboratory  be  abso- 
lutely forbidden. 

Resolution  No.  3. 

(By  S.  W.  Mudd.) 

Resolved,  That  we  recommend  that  the  United  States  Bureau  of 
Mines  make  special  efforts  to  continually  collate  the  complete  and  in- 
comple*e  results  of  all  workers  along  lines  related  to  mining  and  metal- 
lurgy, particularly  on  broad  and  generic  problems — as  for  example  the 
abatement  of  damage  from  smelter  fumes — and  to  publish  these  from 
time  to  time. 

Resolution  No.  4. 

(By  S.  W.  Mudd.) 

Whereas,  The  lack  of  uniformity  and  intelligibility,  their  infre- 
quency,  and  the  inadequate  character  of  reports  now  furnished  by  the 
directors  of  many  mining  corporations  works  a  serious  injury  to  legiti- 
mate prosecution  of  the  industry,  we  believe  that  for  the  full  protection 
of  investors,  every  mining  company  should  incorporate  in  its  annual 
report  the  following  essential  items  of  information: 

(1)  A  brief  review  of  the  past  history  of  the  property,  the  work 
accomplished   and   the   results   obtained,   with   tabulated   statement   of 
expenditures   and    receipts    from    the   beginning,    marketable    products 
made  each  year,  and  the  sums  received  from  the  sale  of  same,  the  an- 
nual net  earnings'  and  the  disposition  made  of  such  earnings. 

(2)  A  similar  review,  but  in  more  detail,  of  the  work  of  the  year, 
with  statements  of  the  assets  and  liabilities   (these  statements  to  show 
all  details  as  to  capitalization  of  the  company;  the  number  and  classes 
of  shares  outstanding  at  date  of  the  report;   the  respective  rights  of 
these     shares;     the     number     of     shares     remaining     in     the     treas- 
ury;    any    options    or    contracts    on     such     shares;     any    bonded   in- 
debtedness), receipts  and  disbursments,   cost  sheet,  and    other    infor- 
mation as  to  work  accomplished  and  results  obtained. 

(3)  A  statement  of  ore  reserves  at  the  date  of  the  report,  com- 
pared with  the  reserves  of  the  previous  year,  with  an  estimate,  by  the 
officers  of  the  company,  of  the  probable  life'  of  the  mine,  and  a  valua- 
tion of  the  property,  accompanied  by  statement  of  the  data  upon  which 
such  valuation  is  based. 

Resolved,  That  we  recommend  that  the  Bureau  of  Mines  draft  a 
form  of  annual  report  from  directors  of  mining  and  oil  corporations, 
for  publication,  that  will  enable  stockholders  to  form  an  intelligent 
idea  of  the  value  of  their  property. 

Resolution  No.  5. 

(By  S.  W.  Mudd.) 

Resolved,  That  we  especially  urge  that  reports  of  all  investigations 
by  the  United  States  Bureau  of  Mines  be  given  prompt  publication  and 
distribution. 

Resolution  No.  6. 

(By  S.  W.  Mudd.) 

Resolved,  That  we  urge  that  examination  of  all  lands  claimed  as 
mineral  in  the  National  Forests  be  made  by  experts  detailed  for  that 
service  from  the  United  States  Geological  Survey  or  the  United  States 
Bureau  of  Mines,  whichever  may  prove  the  more  feasible,  to  the  end 
that  bona  fide  locators  be  protected  in  their  rights  and  prompt  decision 
be  rendered  in  contests. 


AMERICAN  MINING  CONGRESS  37 

PRESIDENT  BUCKLEY:  These  resolutions  will  take  the  usual 
course  and  be  referred  to  the  Committee  on  Resolutions. 

PRESIDENT  BUCKLEY:  Is  there  any  further  business  to  come 
before  this  meeting?  If  not  we  will  stand  adjourned  until  seven 
o'clock  this  evening. 

A  recess  was  thereupon  taken  until  seven  o'clock  P.  M. 


MONDAY,  SEPTEMBER  26,  1910. 
Evening  Session. 

The  convention  was  called  to  order  at  7:30  o'clock  P.  M. 
The   secretary   read   a   telegram   from   John   Hays   Hammond,   ex- 
pressing inability  to  be  present  at  the  Congress. 

Gloucester,  Mass.,  Sept.  28,  1910. 
J.  F.  Callbreath,  Secretary, 

American  Mining  Congress, 
Los  Angeles,  Calif. 

Please  express  to  my  friends  at  Mining  Congress  my  sincere  regret 
at  my  inability  to  meet  with  them.  Wish  all  a  delightful  and  successful 
meeting,  which  is  assured  by  the  hospitable  people  of  Southern  Cali- 
fornia. Assure  them  of  my  earnest  desire  to  assist  in  the  good  work 
they  have  in  view. 

JOHN  HAYS  HAMMOND. 

THE  SECRETARY:  I  wish  to  particularly  request  that  the  speak- 
ers of  this  evening,  Dr.  Buckley,  who  will  render  his  annual  address, 
and  Mr.  Gifford  Pinchot,  who  will  speak  upon  conservation  as  it  affects 
the  oil  industry  of  California,  be  not  interrupted  during  their  speeches. 
Plenty  of  time  will  be  given  during  the  week  to  those  who  disagree  with 
them  in  the  opinions  expressed,  and  if  they  will  notify  the  secretary 
they  will  be  given  an  opportunity  to  express  those  opinions. 

I  wish  to  extend  an  invitation  to  the  officers,  members  and  dele- 
gates of  the  Mining  Congress,  to  a  reception  which  will  take  place  di- 
rectly after  this  meeting  at  the  Sierra  Madre  club,  to  which  gentlemen 
only  are  invited. 

I  also  wish  to  state  that  all  delegates  to  the  Congress  who  have 
not  yet  received  visitors  cards  to  the  Sierra  Madra  club,  can  obtain 
them  upon  request  at  the  Bureau  at  the  Alexandria  hotel  or  at  the 
club. 

THE  CHAIRMAN:  Members  of  the  American  Mining  Congress, 
and  Delegates,  Ladies  and  Gentlemen:  We  have  had  a  very  successful 
and  satisfactory  gathering  here  this  afternoon  listening  to  the  splendid 
addresses  of  welcome  tendered  to  the  delegates  and  members,  from 
your  Los  Angeles  people,  and  we  have  had"  good  responses  from  mem- 
bers and  delegates  from  other  states  this  afternoon.  Dr.  Buckley,  the 
president  of  the  American  Mining  Congress,  will  now  deliver  his  annual 
address.  I  take  great  pleasure  in  presenting  to  you  Dr.  Buckley. 

DR.  BUCKLEY:  Ladies  and  Gentlemen:  I  appreciate  the  fact 
that  many  of  you  are  here  to  listen  to  an  address  on  conservation,  but 
it  is  always  well  to  reserve  your  pie  to  the  last,  so  if  you  will  bear  with 
me  while  the  members  and  delegates  receive  some  preliminary  instruc- 
tion with  regard  to  conservation  and  other  matters,  I  assure  you  you 
will  be  well  rewarded  by  the  speaker  who  follows  me. 

I  will  also  have  to  ask  your  indulgenge  in  using  a  manuscript  this 
evening,  for  were  I  not  to  use  a  manuscript,  I  am  afraid  there  would  be 
no  time  left  for  the  speaker  who  follows,  there  are  so  many  things  for 
the  consideration,  of  this  body  of  mining  men. 

Dr.  Buckley's  address  will  be  found  on  page  197  of  this  report. 


38  OFFICIAL  PROCEEDINGS 

THE  CHAIRMAN:  Ladies  and  Gentlemen:  I  shall  not  indulge 
in  any  long  remarks  in  introducing  the  next  speaker,  because  I  fully 
realize  you  came  here  to  listen  to  him  and  not  to  me.  I  take  great 
pleasure  in  introducing  to  you  the  Honorable  Gifford  Pinchot,  who  will 
now  address  us  on  the  subject  of  "Conservation  as  it  Affects  the  Cali- 
fornia Oil  Industry." 

Mr.  Pinchot's  address  will  be  found  on  page  331  of  this  report. 

THE  SECRETARY:  The  discussion  on  the  oil  question  will  be 
continued  tomorrow  by  eight  or  ten  speakers  announced  on  the  regular 
program;  starting  at  10  o'clock. 

Whereupon  an  adjournment  was  taken  until  Tuesday,  September 
27,  1910,  at  10  o'clock  A.  M. 


TUESDAY,  SEPTEMBER  27,   1910. 

Morning  Session. 

PRESIDENT  BUCKLEY:  The  Congress  will  please  be  in  order. 
The  nominations  for  the  Resolutions  Committee  so  far  received  are  as 
follows: 

Names  of  Members  of  Resolutions  Committee. 

Arizona Col.  L.  W.  Powell 

Arkansas 1A.  Lofton 

California Edward  H.  Benjamin 

Colorado Charles  F.  Potter 

Connecticut Walter  Harvey  Weed 

Canada Hon.  R.  W.  Brock 

District  of   Columbia F.  L.  Ransome 

Florida Dr.  Clarence  Hutchinson 

Idaho H.  G.  Redwine 

Illinois Lyman  A.  Sisley 

Mexico H.  P.  Wagner 

Minnesota J.  J.  McCardy 

Missouri O.  H.  Picher 

Montana Paul  Jahnke 

Nebraska Col.   Geo.  W.  E.  Dorsey 

Nevada H.   C.   Jones 

New  Mexico Geo.  H.  Utter 

New  York E.  S.  Mendels 

Ohio Frank  Kirk 

Oklahoma D.  M.  Hailey 

Oregon Victor  H.  Wilhelm 

Pennsylvania _ F.  C.  Bingham 

South  Dakota F.   R.   Baldwin 

Utah J.  P.  Jenning 

Texas C.  O.  Lagerfelt 

Washington Dr.  F.  O.  Hudnutt 

Wisconsin H.  C.  Holthoff 

West  Virginia . ^rank  E.  Parsons 

Wyoming William  Fitzhugh 

I  wish  to  announce  that  the  Resolutions  Committee  will  meet  in 
the  committee  room  at  the  left  of  the  foyer  or  left  entrance  in  the  men's 
waiting  room  at  1:30  o'clock  this  afternoon  for  organization. 

Resolution  No.  7  as  follows,  by  Mr.  David  Ross,  was  read  by  the 
secretary. 

I  Resolution  No.  7. 

(By  David  Ross,  of  Illinois.) 

Whereas, The  records  of  industrial  accidents  show  that  a  consid- 
erable per  cent  is  due  directly  to  the  hazard  of  the  work  and  the 
mechanical  means  by  which  it  is  now  performed; 


AMERICAN  MINING  CONGRESS  39 

And  Whereas,  In  this  numerous  class  of  cases  it  is  impossible  for 
those  sustaining  injuries  to  recover  damages  under  any  liability  law 
requiring  proof  of  negligence: 

Resolved,  That  it  is  the  sense  of  this  Congress  that  in  order  to  re- 
move the  cause  of  much  expensive  and  detrimental  litigation,  and  to 
guarantee  a  reasonable  measure  of  protection  to  those  who  daily  risk 
their  lives  in  mining  and  other  productive  occupations  of  the  country, 
that  laws  should  be  enacted  in  the  different  states  specifically  defining 
the  duties  of  employers  in  this  respect  by  providing  definite  compensa- 
tion in  the  case  of  all  injuries. 

Believing  that  such  legal  requirements  would  result  in  greater 
caution  thereby  tending  to  reduce  the  number  of  fatalities  and  to  that 
extent  conserving  the  lives  of  our  citizens,  the  Congress  expresses  its 
earnest  conviction  of  the  justice  of  making  such  provisions  against  the 
financial  losses  sustained  through  accidents  and  pledges  its  influence, 
and  support  in  behalf  of  such  legislation  by  the  federal  and  state  gov- 
ernments. 

PRESIDENT  BUCKLEY:  This  resolution  will  be  referred  to  the 
Committee  on  Resolutions. 

COLONEL  ED.  F.  BROWNE,  of  Colorado:  Mr.  President,  I  want 
to  make  inquiry  as  to  the  form  of  our  proceedings.  In  several  of  the 
meetings  preceding  this,  I  protested  against  the  reference  of  all  reso- 
lutions to  a  committee,  and  only  those  resolutions  which  should  be 
passed  by  the  committee  being  presented  back  to  the  Congress  for  dis- 
cussion. The  Congress  is  not  a  political  gathering,  but  is  open  for 
discussion,  and  the  theory  that  would  allow  a  committee  to  drown  a 
resolution  which  would  be  of  importance  to  the  mining  interests  would 
be  one  that  is  fraught  with  great  danger  and  that  would  in  time  drive 
away  a  great  deal  of  the  support  we  require. 

PRESIDENT  BUCKLEY:  I  will  state  for  the  benefit  of  the  gen- 
tleman that  our  constitution  and  by-laws  provide  that  these  resolutions 
shall  be  read  before  the  Congress  and  referred  to  the  Committee  on 
Resolutions. 

COLONEL  BROWNE:    Will  they  return  them? 

PRESIDENT  BUCKLEY:  They  will  return  them  to  this  Con- 
gress. I  wish  to  state  further,  for  the  benefit  of  those  not  here  yester- 
day, that  any  man  who  is  interested  in  any  particular  resolution  will 
have  an  opportunity  to  be  heard  before  the  Resolutions  Committee  and 
if  he  is  not  satisfied  with  the  hearing  there  he  can  be  heard  when  the 
resolution  is  reported  back  to  the  house. 

COLONEL  BROWNE:    That  is  satisfactory. 

MR.  CHARLES  P.  POTTER,  of  Colorado:  Mr.  President,  I  de- 
sire to  offer  the  following  resolution: 

PRESIDENT  BUCKLEY:  The  resolution  will  be  handed  to  the 
secretary  and  read  from  the  platform. 

MR.  POTTER:  On  the  reading  of  this  resolution  I  move  that  the 
rules  be  suspended  and  the  resolution  put  upon  its  passage  at  this  time. 

Secretary  Norman  then  read  resolution  No.  8  as  follows,  by  Mr. 
Potter. 

Resolution  No.  8.  I 

(Introduced  by  Charles  F.  Potter,  of  Colorado,) 

Resolved,  That,  recognizing  the  value  and  importance  of  the  Bu- 
reau of  Mines  to  this  country,  The  American  Mining  Congress  in  meet- 
ing assembled  at  Los  Angeles,  California,  takes  this  means  of  expressing 
to  the  president  of  the  United  States  and  to  the  Senate  and  House  of 


40  OFFICIAL  PROCEEDINGS 

Representatives,  its  thanks  and  appreciation  for  the  enactment  of  a 
law  establishing  a  national  head  for  the  great  mining  industry. 

MR.  POTTER:  Mr.  President,  if~I  may  be  heard,  I  now  offer  a 
motion  that  this  resolution  be  put  upon  its  immediate  passage,  and 
that  the  rules  be  suspended.  I  think  we  have  that  right  by  unanimous 
consent. 

PRESIDENT  BUCKLEY:  The  motion  is  made  and  seconded  that 
the  rules  of  this  Congress  be  suspended,  and  that  this  resolution  be 
considered  at  this  time. 

I  wish  to  say  that  it  has  been  the  custom  of  this  organization  with 
regard  to  resolutions  affecting  the  Bureau  of  Mines  and  the  Depart- 
ment of  Mines  to  pass  them  without  having  them  referred  to  the  Com- 
mittee on  Resolutions;  but  this  is  the  only  resolution  which  the  Con- 
gress has  taken  such  action  upon. 

The  motion  to  suspend  the  rules  carried  and  the  resolution  was 
unanimously  adopted. 

SECRETARY  NORMAN:  I  have  here  a  resolution  presented  by 
George  W.  Parsons,  of  the  Los  Angeles  Chamber  of  Commerce  Mining 
Committee: 

Resolution   No.   9. 

(By  Geo.  W.  Parsons.) 

Resolved,  That  we  approve  and  urge  the  continuation  of  the  wise 
policies  of  the  state  and  counties  in  saving  life  and  preventing  suffer- 
ing in  the  arid  regions  by  providing  desert  wells  and  water-saving  de- 
vices; by  erecting  permanent  guide  posts  directing  to  water,  with  severe 
penalties  provided  for  their  removal  or  defacement;  and  by  protecting 
springs,  wells  and  water  holes  from  contamination  under  heavy  pen- 
alties. 

And  that  we  recommend  the  co-operation  of  the  Bureau  of  Mines 
in  locating  and  maintaining  these  water  sources  and  in  disseminating 
accurate  information  concerning  them,  through  maps,  reports,  and  we 
further  recommend  congressional  action  in  the  matter. 

PRESIDENT  BUCKLEY:  This  resolution  will  be  referred  to  the 
Resolutions  Committee.  Are  there  any  further  resolutions  to  be  sub- 
mitted? 

SECRETARY  NORMAN:  I  also  have  a  resolution  introduced  by 
Charles  F.  Potter  of  Colorado,  reading  as  follows: 

Resolution  No.  10. 

(Introduced  by  Chas.  F.  Potter,  of  Colorado.) 

Resolved,  That,  in  common  with  citizens  of  the  United  States  en- 
gaged in  other  industries,  we  approve  the  theory  and  practice  of  true 
conservation,  which  means  utilizing  and  developing  with  the  least  pos- 
sible waste,  the  natural  resources  of  our  country. 

We  recognize,  as  men  engaged  in  one  of  the  most  important  indus- 
tries of  our  country  the  value  of  true  conservation  and  its  intimate  re- 
lation to  the  mining  interest,  and  recommend  the  enactment  of  such 
legislation  both  state  and  national,  as  will  bring  about  a  beneficial  de- 
velopment of  the  mines,  the  public  lands,  the  public  water  rights,  and 
the  timber  within  our  great  western  country  for  the  best  interests  of 
the  present  and  future  generations  without  unnecessary  waste. 

We  condemn,  however,  as  unwise,  as  opposed  to  the  best  interests 
of  the  American  people,  and  as  wholly  unnecessary  to  the  success  of 
any  plan  of  true  conservation,  legislation  or  proposed  legislation  which 
tends  to  make  the  miners  and  other  citizens  of  the  public  land  states 
who  invest  their  time,  labor  and  capital  in  the  development  of  the 


AMERICAN  MINING  CONGRESS  41 

natural  resources  contained  within  such   states,  lessees  of,  or  tribute 
payers  to  the  national  government. 

PRESIDENT  BUCKLEY:  This  resolution  will  be  referred  to  the 
Committee  on  Resolutions. 

COLONEL  ED.  F.  BROWNE:  Mr.  President,  I  desire  to  offer  the 
following  resolutions  by  request: 

,  Resolution  No.   11. 

(By  Ed.  F.  Browne.) 

Whereas,  The  president  has  withdrawn  all  coal  from  entry  in  the 
western  states,  and  an  ill-considered  law  has  been  passed  attempting  to 
segregate  the  coal  beneath  from  the  surface  rights,  and 

Whereas,  The  conservation  Congress  at  St.  Paul  recommended  that 
all  minerals  be  so  segregated  and  that  hereafter  leases  be  given  and 
a  royalty  charged  on  production  and  that  the  title  to  mineral  remain 
in  perpetuity  with  the  central  government,  and 

Whereas,  This  condition  would  absolutely  destroy  the  great  mining 
interests  as  without  title  to  property  mining  capital  cannot  be  obtained. 
A  forfeitable  lease  offers  no  security  to  stockholders  of  a  company,  and 
in  addition  it  takes  away  from  a  miner  his  chance  for  fortune,  and  will 
impair  the  value  of  many  millions  of  dollars  already  invested.  It  would 
destroy  the  value  completely  of  millions  of  dollars  worth  of  locations 
still  unpatented  and  take  from  mining  prospectors  the  incentive  which 
has  created  our  phenomenal  success. 

It  Is  Resolved,  That  we  "protest  against  the  attempt  to  segregate 
the  surface  from  mineral  property  and  that  the  proposition  to  lease  the 
mineral  is  rank  socialism  adopted  from  the  ways  of  Tasmania,  New 
Zealand  and  Australia,  and  against  public  policy.  We  call  on  congress 
to  abrogate  the  law  regarding  coal  segregation,  and  that  title  to  min- 
ing property  be  granted  in  the  future  as  in  the  past.  We  demand  this 
as  a  constitutional  right,  in  all  states  heretofore  admitted  to  the  Union, 
and  as  an  act  of  justice  in  the  territories  controlled  by  Congress. 

(  Resolution    No.    12. 

(By  Ed.  F.  Browne.) 

WThereas,  The  strict  regulations  of  the  Forestry  department  have 
created  conditions  which  prevent  prospecting  or  new  mine  development 
in  the  most  promising  section  of  the  mining  states. 

Whereas,  The  economic  importance  of  the  mining  industry  was 
recognized  when  the  so-called  forest  reserves  were  permitted,  and  the 
law  expressly  states  that  mining  location  and  development  should  not 
be  retarded,  and 

Whereas,  The  Forestry  Department  has  assumed  to  interfere  with 
prospectors  and  the  locations  made,  and  have  protested  in  tho  land  of- 
fice against  thousands  of  applications  for  patent,  assuming  that  the 
parties  making  the  location  were  either  ignorant  or  trying  to  encroach 
on  the  reserves  for  some  ulterior  purpose. 

It  Is  Resolved,  That  we  demand  that  miners  who  are  citizens  of 
the  United  States  be  given  free  entry  into  the  so-called  Forest  Reserve, 
without  requiring  permit  or  making  explanations  to  forest  officials,  and 
that  they  be  allowed  to  make  location  free  from  duress  and  in  the  same 
way  as  though  no  Forest  Reserve  had  been  created.  That  the  location 
papers  be  allowed  to  go  on  record,  camps  established  and  the  land  of- 
fice opened  to  them  to  apply  for  a  patent  in  the  usual  way. 

Resolved,  That  the  Forestry  Department  be  debarred  from  becom- 
ing a  party  to  a  protest  of  a  mining  claim,  before  the  land  office.  The 
assumption  that  a  miner  who  had  made  a  location  and  in  good  faith 
had  done  the  $500.00  worth  of  work,  necessary  to  enable  him  to  apply 
for  a  patent,  was  a  timber  thief  in  disguise,  or  a  fool  wasting  his 
money,  is  unwarranted  and  preposterous.  Some  of  our  greatest  mines 


42  OFFICIAL  PROCEEDINGS 

were  abandoned  by  the  original  locators  and  our  most  wonderful  min- 
ing districts  condemned  by  experts. 

Resolved,  That  the  right  to  use  forest  products  for  cabin  and  mine 
building,  mine  timbers  and  wood  for  domestic  purposes  be  restored  as 
provided  in  the  mining  laws  yet  urirepealed  and  that  the  effort  to 
prove  trespass  and  impose  fine  in  case  of  such  use  is  an  illegal  act. 
The  most  valuable  use  for  timber  is  for  camp  and  mine  development. 

Resolution  No.   13. 

(By  Ed.  F.  Browne.) 

Whereas,  The  pretense  of  so-called  "Conservationists"  that 
they  are  seeking  to  protect  and  conserve  the  mineral  resources,  the 
coal  lands  and  the  timber  land  of  the  United  States  for  the  benefit  of 
the  whole  people  is  a  mere  sham  and  pretense  and  is  intended  to  place 
these  vast  national  resources  in  the  hands  of  a  bureau  with  head- 
quarters at  Washington,  with  power  to  lease  and  dispose  of  these  na- 
tional resources  to  favored  individuals  and  great  monopolies,  and  to 
handle  the  mineral  resources  and  coal  lands  in  the  future  as  they  have 
already  handled  the  timber  lands  in  the  past,  by  leasing  such  lands  and 
by  selling  the  timber  thereon  in  quantities  of  millions  of  feet  at  a  sin- 
gle letting  and  covered  by  a  single  contract. 

And  Whereas,  This  pretended  policy  of  conservation  precludes 
millions  of  American  citizens,  not  able  to  take  and  carry  out  the  bu- 
reau contracts,  from  acquiring  a  limited  quantity  of  mineral,  coal  or 
timber  lands,  it  directly  fosters  monopolies  and  prevents  the  distribu- 
tion of  the  national  wealth  among  the  whole  people, 

Therefore  Resolved,  That  we  protest  against  a  bureaucratic  method 
of  handling  the  national  resources  and  demand  their  fair  distribution 
among  the  whole  people. 

PRESIDENT  BUCKLEY:  They  will  be  referred  to  the  Resolu- 
tions Committee. 

SECRETARY  NORMAN:  I  have  a  resolution  presented  by  Mr.  C. 
P.  Fox  of  Bakersfield,  which  I  will  read: 

Resolution  No.   14. 

(By  Chas.  P.  Fox.) 

Whereas,  The  American  Mining  Congress  is  composed  of  miners 
of  gold,  silver,  copper,  lead,  coal  and  similar  minerals  and  metals,  an 
industry  in  itself,  separate  and  distinct  from  any  other,  requiring  legis- 
lation specially  adapted  to  its  needs;  and 

Whereas,  The  oil  industry  is  a  business  entirely  separate  and  dis- 
tinct from  that  of  mining  the  minerals  and  metals  set  forth  above,  and 
one  requiring  legislation  along  distinct  lines  'from  that  required  by  the 
mining  industry;  and 

Whereas,  the  government's  policy  of  classifying  the  oil  men  as 
miners  and  oil  claims  as  placer  mining  claims  is  based  purely  upon  a 
legal  fiction  and  a  subterfuge  rendered  necessary  solely  because  of  the 
lack  of  any  legislation  governing  the  disposal  of  government  oil  lands, 
and  said  classification  of  oil  claims  as  placer  claims  has  resulted  in 
great  complications  in  the  laws,  rendered  titles  insecure,  led  to  the 
seizure  of  property  by  force  and  endangered  the  security  of  life  on 
numberless  occasions;  and 

Whereas,  The  oil  industry  is  today  facing  a  crisis  in  legislation 
matters  a  crisis  which  must  be  dealt  with  in  the  most  careful  manner 
and  only  by  those  who  thoroughly  understand  the  needs  of  the  industry, 
peculiar  to  itself  and  understood  by  very  few  outside  its  ranks;  and 

Whereas,  The  mining  industry  of  the  United  States  is  likewise  fac- 
ing a  serious  condition  in  its  affairs,  one  requiring  attention  and  careful 
Study  by  experts  to  understand  itg  peculiar  needs;  and 


AMERICAN  MINING  CONGRESS  43 

Whereas,  It  is  impossible  in  the  limited  time  at  the  disposal  of  the 
American  Mining  Congress  for  its  members  to  post  themselves  thor- 
oughly on  the  needs  of  the  oil  industry,  and  it  would  be  inadvisable 
for  them  to  undertake  to  deal  with  the  affairs  of  a  separate  and  distinct 
line  of  business,  and  equally  inadvisable  for  the  oil  men  who  know 
nothing  of  mining  to  interfere  in  the  affairs  of  the  mining  industry. 

Now  Therefore,  Be  it  resolved  that  the  American  Mining  Congress 
declares  its  sympathy  with  the  oil  men  in  their  efforts  to  obtain  justice 
and  to  secure  the  enactment  of  immediate  legislation  and  would  stand 
ready  to  assist  along  these  lines  were  such  assistance  desirable,  but  in 
view  of  the  conditions  above  set  forth  such  a  course  is  not  to  the  interest 
of  either  party,  and  therefore  the  American  Mining  Congress  declines 
to  commit  itself  to  any  policy  with  reference  to  legislation  governing 
oil  lands  and  is  convinced  that  such  subjects  had  best  be  left  to  the  at- 
tention of  those  most  interested  who  understand  the  subject;  and 
moreover,  it  is  equally  undesirable  to  the  mining  men  that  those  whose 
interests  are  distinct  should  participate  in  the  settlement  of  affairs  that 
relate  entirely  to  the  mining  industry  it  is  therefore  proper  that  the  oil 
and  mining  industries  should  remain  distinct,  each  having  its  own  or- 
ganization. 

SECRETARY  NORMAN:  I  have  here  a  communication  from  the 
California  Oil  Miners  Association  of  Bakersfield,  signed  by  Charles  P. 
Fox,  president,  and  Mr.  Johnston,  secretary:. 

Resolution  of  the  California  Oil  Men's  Association. 

Resolved,  That  the  California  Oil  Men's  Association  requests  and 
it  does  hereby  request  the  American  Mining  Congress  to  refrain  from 
taking  any  action  relative  to  petroleum  bearing  lands  not  yet  patented 
by  the  government  and  lying  within  the  state  of  California. 

This  request  is  made  in  order  that  an  already  complicated  situa- 
tion shall  not  be  further  complicated. 

The  California  Oil  Men's  Association  has  a  definitely  outlined  plan 
of  work  which  it  is  pursuing  and  it  believes  that  action  now  by  the 
Mining  Congress  will  be  unwise  for  the  reason  that  it  is  impossible 
that  the  members  thereof  can  arrive  at  a  just  conclusion  in  the  premises 
in  the  limited  time  at  their  disposal. 

CHAS.  P.  FOX,  President. 
G.  JOHNSON,  Secretary. 

PRESIDENT  BUCKLEY:  The  time  has  arrived  when  we  are  to 
take  up  the  discussion  of  "The  Federal  Government  and  the  Oil  In- 
dustry." This  session  has  been  set  aside  for  the  discussion  of  this  sub- 
ject by  the  program  committee.  The  speakers  of  this  morning  have 
been  given  fifteen  minutes  each  in  which  to  present  their  views  on 
this  important  problem.  I  take  pleasure  in  calling  upon  Congressman 
S.  C.  Smith  of  Bakersfield,  California,  to  open  this  discussion. 

Mr.  Smith's  address  will  be  found  on  page  358  of  this  report. 

PRESIDENT  BUCKLEY:  We  have  a  pretty  full  program  this 
morning  and  this  afternoon.  I  am  sure  we  will  be  very  glad  to  have 
all  the  speakers  have  all  the  time  they  need  to  discuss  this  important 
problem,  but  in  justice  to  those  who  are  on  the  program  I  trust  the 
speakers  will  confine  themselves  as  nearly  as  possible  to  the  time  limit 
placed  on  the  addresses.  I  have  the  pleasure  of  calling  upon  Mr. 
Charles  P.  Fox  to  continue  the  discussion. 

MR.  CHARLES  P.  FOX,  of  California:  Mr.  Chairman  and  Gentle- 
men: This  is  my  first  notice  of  the  distinguished  honor  that  has  been 
conferred  upon  me.  I  was  just  out  here  talking  with  Mr.  E.  S.  Men- 
dels  of  the  New  York  Curb  Exchange,  who  says  that  he  is  taking  steps 
to  prosecute  a  lot  of  fake  oil  companies,  people  who  live  in  New  York 
and  fake  on  California  oil,  and  he  tells  me  that  if  he  can  "get  the  goods 


44  OFFICIAL  PROCEEDINGS 

on  them"  he  is  going  to  put  them  in  jail  for  perjury  and  for  obtaining 
money  under  false  pretences,  and  I  am  glad  he  is  here.     (Applause.) 

California  oil  is  a  subject  which  is  entitled  to  a  whole  lot  of  con- 
sideration; but  the  California  oil  faker,  or,  rather,  the  fellow  living  in 
New  York,  Boston  or  Chicago  or  somewhere  else,  who  fakes  through 
the  medium  of  California  oil  and  uses  that  as  an  excuse  to  sell  nothing 
for  a  whole  lot  of  money — in  that  respect  the  subject  of  California  oil 
deserves  a  whole  lot  of  attention,  and  I  think  the  United  States  gov- 
ernment, through  its  Postal  Department,  ought  to  give  quite  a  lot  of 
consideration  right  now  to  that  matter. 

I  do  not  know  what  I  am  expected  to  say.  This  is  a  meeting  of 
conservationists  and  anti-conservationists,  I  assume.  I  do  not  know 
of  anybody  who  has  studied  the  subject  at  all  who  is  not  of  one  opinion 
or  the  other. 

Now,  so  far  as  the  unpatented  oil  lands  of  California  are  con- 
cerned, it  is  my  firm  opinion  that  we  shall  be  able,  as  oil  men — I  speak 
as  an  oil  man — if  we  are  wise  and  careful,  if  we  do  the  thing  as  we 
ought  to  do  it, — it  is  my  opinion  that  we  shall  get  out  of  our  troubles, 
and  carry  to  patent  every  legitimate  oil  claim  that  was  initiated  before 
it  became  unlawful  to  initiate  a  claim.  And  it  is  my  further  opinion — 
and  I  have  introduced  a  resolution  to  that  effect  which  has  been  read — 
that  if  this  Congress  takes  up  this  subject  now  for  the  oil  men,  assum- 
ing that  you  people  are  not  all  oil  men  but  mostly  metal  miners,  if  you 
take  up  this  subject  and  resolute  and  declare  and  define  a  policy  or  ex- 
press some  positive  ideas  one  way  or  the  other  you  are  going — innocently 
and  with  the  best  intentions  in  the  world — you  are  going  to  do  the 
California  oil  men  a  whole  lot  of  harm  and  hurt  and  damage,  and  I 
hope  that  you  never  will  do  that  thing. 

You  cannot  arrive  at  a  wise  'decision  respecting  the  position  of 
the  oil  men  by  listening  to  a  half  dozen  speeches  from  Mr.  Smith  and 
Mr.  Barlow  and  Mr.  Short  and  Mr.  Graham  and  Mr.  Tom  O'Donell  and 
myself  and  half  a  dozen  more — you  cannot,  I  say,  arrive  at  a  wise  and 
just  decision,  for  this  reason:  You  cannot  get  out  of  us  enough  of  the 
facts,  enough  information,  upon  which  to  base  that  decision,  because 
there  are  men  in  this  business  who  have  been  here  for  fifteen  years  who 
are  vitally  interested  in  the  decision  of  the  question,  who  cannot  make 
up  their  minds  yet.  We  don't  know.  Now,  how  in  the  world  can  we 
come  here  and  tell  you  so  that  you  may  know  what  to  do?  We,  our- 
selves, do  not  know  what  to  do.  Now,  please  do  not  tell  us  what  to 
do.  Please  do  not  let  it  go  out  over  the  United  States  that  the  Amer- 
ican Mining  Congress  has  declared  that  the  oil  men  of  California  should 
have  such  and  such  legislation,  should  have  such  and  such  attention  on 
the  part  of  the  departments,  because  maybe  you  are  wrong-^-probably 
you  will  be  wrong.  So  I  beg  of  you  and  I  beseech  you  to  take  a  non- 
commital  attitude,  to  express  your  fellowship,  to  express  your  sympathy, 
to  express  the  hope  that  we  will  win  out,  but  do  not  tell  how  that 
shall  be  done. 

I  thank  you.     (Applause.) 

PRESIDENT  BUCKLEY:  This  discussion  will  be  followed  by  an 
address  by  ex-Congressman  C.  A.  Barlow  of  Bakersfield. 

Mr.  Barlow's  address  will  be  found  on  page  366  of  this  report. 

PRESIDENT  BUCKLEY:  The  discussion  will  be  continued  by  Mr. 
S.  C.  Graham  of  Los  Angeles.  (Applause.) 

MR.  GRAHAM:  Mr.  President,  Ladies  and  Gentlemen:  I  am  not 
accustomed  to  speaking  in  public,  and  I  have  prepared  something  here 
which  I  want  to  read.  I  want  to  be  sure  that  I  say  nothing  that  I  do 
not  want  to  say,  and  that  I  am  not  quoted  as  saying  anything  that  I 
have  not  said. 

Before  I  begin  reading  the  paper,  however,  I  want  to  just  point 
out  one  mistake  I  think  Congressman  Smith  made  when  he  spoke  of 


AMERICAN  MINING  CONGRESS  45 

the  difference  between  natural  and  national  resources.     Now,  natural 

resources,    when    owned   by   the    government,    are    national    resources. 

-  Mr.  Graham's  address  will  be  found  on  page  385  of  this  report. 

PRESIDENT  BUCKLEY:  The  discussion  of  this  matter  will  be 
continued  by  Mr.  T.  A.  O'Donnell  of  Los  Angeles. 

Mr.  O'Donnell's  address  will  be  found  on  page  342  of  this  report. 

PRESIDENT  BUCKLEY:  If  there  is  no  further  business  to  come 
before  the  house  we  will  stand  adjourned  until  half  past  two  o'clock 
this  afternoon. 

Whereupon  a  recess  was  taken  until  2:30  P.  M. 


TUESDAY,  SEPTEMBER  27,   1910. 
Afternoon  Session. 

THE  CHAIRMAN:  The  Congress  will  please  come  to  order. 
There  are  some  announcements  to  be  read  by  the  secretary. 

THE  SECRETARY:      A  letter  from  the  Hon.  W.   F.   Englebright, 
member  of  Congress  of  the  First  California  District: 

Nevada   City,   Cal.,   Sept.    24,    1910. 
Mr.  H.  C.  Freeman,  Secretary  Convention  Committee, 
American  Mining  Congress, 

Los  Angeles,  California. 
My  Dear  Sir:  — 

As  other  engagements,  which  I  could  not  forego,  prevent  my  be- 
ing present  at  the  American  Mining  Congress,  I  would  be  pleased  if 
you  will  explain  my  absence  and  assure  all  members  and  delegates  who 
attend  that  my  heart  is  in  the  work  being  taken  up  by  the  American 
Mining  Congress,  and  I  regret  very  much  my  inability  to  be  present 
and  that  their  deliberations  will  be  of  the  greatest  interest  to  me  and 
I  shall  be  pleased  at  all  times  to  further  the  mining  industry  in  every 
way  possible,  and  do  what  I  can  to  carry  out  the  policies  of  the  Amer- 
ican Mining  Congress. 

I  remain, 

Sincerely  yours, 

W.  F.  ENGLEBRIGHT, 
M.  C.,  First  California  District. 

Resolution  No.  15,  submitted  by  E.  S.  Mendels,  of  New  York,  read 
and  referred  to  the  Committee  on  Resolutions. 

Resolution  No.   15. 

(By  E.  S.  Mendels  of  New  York.) 

That  in  view  of  the  many  attempts  that  are  made  to  float  secur- 
ities of  mines,  oils  and  other  industrial  corporations  on  the  unsus- 
pecting public,  which  are  classed  as  wild  cats,  fakes  and  swindles, 

Be  It  Therefore  Resolved,  That  it  is  the  sense  of  this  Congress 
that  the  following  requirements  for  public  information  should  be  made 
and  filed  with  the  proper  county  or  state  authorities,  such  place  of 
filing  to  be  stated,  in  all  cases  where  circulars  or  other  matters  relating 
to  all  companies  who  desire  capital  for  the  furtherance  of  their  enter- 
prise are  published  and  circulated: 

1st.  Title   (in  full). 

2nd.  Location. 

3rd.  Product  of  Company. 

4th.  When  and  where  Incorporated. 

5th.  General  office  located. 


46  OFFICIAL  PROCEEDINGS 

6th.     Transfer  Agency,  where  situated. 

7th.     Registrar  of  stock  (must  be  corporation)  where  situated. 

8th.     Stock,  common  shares  authorized. 

9th.     Par  value  of  same. 

10th.     Stock,  common  shares  outstanding. 

llth.     Shares  in  treasury. 

12th.     Stock,  preferred  shares  authorized. 

13th.     Par  value  of  same. 

14th.     Stock,  preferred  shares  outstanding. 

15th.  -  Shares  in  treasury. 

16th.  Dividends,  rate,  when  declared,  where  payable,  and  last 
dividend  paid  and  amount. 

17th.  Bonds,  state  class  of  mortgage,  when  dated,  when  due  and 
interest  rate,  when  and  where  payable. 

18th.     Bonds,  total  issue  authorized. 

19th.     Bonds,  amount  issued. 

20th,  Names  of  officers  and  directors,  address  and  personal  ref- 
erences of  each. 

21st.  Numbers  and  denominations  of  stocks  or  bonds  on  which 
transfer  has  been  stopped  and  the  cause  therefor. 

22nd.  Statements  of  assets  and  liabilities,  earnings  and  expenses, 
signed  by  an  officer  of  the  company,  with  seal  attached,  and  sworn  to 
before  a  proper  court  officer  or  notary  public. 

23rd.     Engineer's  report.     Certified  and  sworn  to. 

24th.     Certified  copy  of  the  charter. 

25th.     Maps  of  the  property. 

26th.     All  matter  printed  or  otherwise  relative  thereto. 

27th.     Certified  copy  of  the  leases. 

28th.     Confirmation  of  the  titles,  etc.,  certified. 

29th.     Balance  sheet.     From  19  to  19. 

Assets: 

Cash  on  hand. 

Cash  in  bank. 

Accounts  receivable: 

Ore  and  Bullion. 

With  smelters  and  bullion  dealers. 

Concentrates  ready  for  shipment. 

Bullion  in  vault  ready  for  shipment. 

Ore  on  dump  and  ore  broken  in  mine. 

Stores  and  supplies. 
Plant  tools  and  equipment. 

Mining  rights,  property,  etc. 

Total. 

Grand  total. 

Liabilities: 

Unpaid  interest. 

Unpaid   dividends. 

Notes  and  accounts  payable. 

Trade  creditors  and  miscellaneous. 

Officers  of  the  company. 

Employees,  for  wages. 

Reserve  for  transportation  and  treatment. 

Surplus. 
Capital  and  surplus. 

Total  capital,  common,  preferred. 

Par  value  common  shares  in  treasury. 

Par  value  preferred  shares  in  treasury. 

Dividends,  rate,  when  and  where  payable. 

Date  of  last  dividend  paid. 

Bonds  (state  first  mortgage  or  otherwise.) 

Bonds,   $  outstanding. 

Bonds,  $  in  treasury. 

Bonds,  denomination   (if  coupon  or  registered.) 


AMERICAN  MINING  CONGRESS  47 

Bonds,  when  dated,  when  due. 

Bonds,  interest,  when  and  where  payable. 

Notes  for  general  information: 

Dated  at 19 Treasurer. 

30th.  Statements  of  earnings  and  expenses, 19 to 

19  — 

Earnings : 

Income  from  operation,   $ 

Ore  sales,  $ 

Bullion  sales. 

Ground  rent. 

House  rent. 

Interest  on  deposits. 

Other  incomes. 

Gross  total  income. 

Expenses : 

Expenses  of  operation. 

Mining. 

Milling. 

Written   off  book   inventory. 

Installation  and  repairs. 

Depreciation. 

Plant  discarded. 

Boarding  house. 

Expenses  of  administration. 

Surplus  $ 

Notes  for  general  information: 

Dated   at 19 Treasurer. 

In  case  of  companies  other  than  mining  similar  statements  of  facts 
should  be  made  on  the  same  class  of  forms  as  adapted  to  the  particular 
class  of  such  corporation. 

Resolved,  That  officials  of  companies,  promoters,  engineers,  bank- 
ers, brokers,  and  newspapers  making  mis-statements  of  facts  be  re- 
ported to  the  federal  or  state  authorities  for  criminal  action  and  that 
the  use  of  the  mails  be  refused  and  fraud  orders  issued  for  the  protec- 
tion of  the  public. 

Resolution  No.  16,  submitted  by  J.  W.  Dawson,  of  Charleston,  West 
Virginia,  read  and  referred  to  the  Committee  on  Resolutions. 

Resolution  No.  16. 

(Introduced  by  J.  W.   Dawson  of  West  Virginia.) 

Whereas,  The  President  of  these  United  States,  in  whose  sincerity 
of  purpose  and  great  ability  we  have  the  utmost  confidence,  in  his 
address  before  the  Conservation  Congress  at  St.  Paul,  Minn.,  so  ear- 
nestly and  properly  insisted  upon  the  speakers  and  delegates  refraining 
from  generalities  and  platitudes  and  confine  their  remarks  to  sug- 
gestions of  plans  by  which  more  might  be  accomplished  than  had  been 
done  to  conserve  our  resources; 

And,  Whereas,  The  conservation  of  bituminous  coal  is  one  of  great 
importance  to  this  nation; 

And,  Whereas,  Unlike  other  manufactured  products  the  condition 
under  which  this  valuable  necessity  is  marketed  prevents  the  producer 
from  deriving  a  sufficient  profit  to  enable  him  to  conserve  the  coal  in 
the  ground  or  the  lives  and  limbs  of  those  thousands  of  miners  who 
labor  in  the  bowels  of  the  earth,  by  the  installation  of  the  most  modern 
appliances  and  adopting  the  most  approved  methods  of  mining  by  which 
a  far  greater  tonnage  than  is  now  produced  could  be  mined  from  each 
acre  of  coal  area  instead  of  leaving  a  large  portion  of  it  in  the  ground 
in  such  shape  that  it  can  never  be  gotten  out; 

And,  Whereas,  Notwithstanding  the  many  statements  sent  broad- 
cast from  time  to  time  that  the  producers  of  bituminous  coal  are  robbing 


48  OFFICIAL  PROCEEDINGS 

the  consumers  by  charging  an  exorbitant  price  for  it,  said  statements 
being  made  by  men  of  prominence  and  well  informed  on  most  subjects, 
show  conclusively  that  they  willfully  misrepresent  the  facts  relative  to 
the  marketing  of  coal  or  that  they  undertake  to  discuss  a  most  im- 
portant subject  relative  to  which  they  are  grossly  ignorant,  and  a  sub- 
ject concerning  which  they  could  easily  obtain  accurate,  reliable  and 
exhaustive  statistics  by  simply  calling  upon  the  heads  of  the  mining 
bureaus  of  our  various  coal  producing  states,  which  statistics  would 
correctly  show  that  the  coal  from  most  of  our  states  having  the  great- 
est deposits  of  the  highest  grade  bituminous  coal  and  from  which  the 
greatest  tonnage  is  now  being  produced,  is  sold  by  the  producer  at  a 
price  that  nets  him  an  average  annual  profit  of  less  than  ten  cents  a 
ton,  and  in  many  cases  and  for  long  periods  of  time  at  a  price  below 
actual  cost  of  production,  notwithstanding  the  fact  that  the  produc- 
tion of  coal  is  one  of  the  most  hazardous  and  dangerous  enterprises  in 
which  funds  can  be  invested  or  labor  be  employed; 

And,  Whereas,  The  larger  as  well  as  the  smaller  producer  of  bi- 
tuminous coal  has  for  years  been  forced  to  market  his  product  at  an 
actual  loss  or  a  profit  which  is  insignificant  when  compared  with  the 
nature  of  the  investment  and  the  hazard  surrounding  it; 

And,  Whereas,  This  deplorable  condition  of  the  coal  trade  is 
largely  the  result  of  the  producers  of  coal  being  unwilling  to  do  what 
might  be  technically  construed  as  a  violation  of  the  Sherman  anti-trust 
law; 

And,  Whereas,  The  coal'  operators  of  one  state  cannot  adopt  any 
substantial  changes  from  present  practices  unless  similar  actions  are 
taken  by  the  operators  of  other  states; 

Be  It  Therefore  Resolved,  That  it  is  the  sense  of  this  Congress 
that  the  Sherman  Anti-Trust  law  should  be  so  construed,  changed  or 
amended,  if  amendment  be  necessary,  as  to,  without  its  violation,  admit 
of  such  understandings  and  co-operation  between  the  producers  of  bit- 
uminous ccal  as  would  admit  of  the  marketing  of  that  product  at  a 
reasonable  profit  to  the  producer  to  the  end  that  he  may  receive  a  fair 
return  on  his  investment  and  at  the  same  time  conserve  the  coal  supply 
in  the  ground,  and,  which  is  of  even  much  greater  importance,  conserve 
the  lives  and  limbs  of  the  noble  miners  who  take  such  bodily  risk  in 
the  production  of  the  coal. 

Resolution  No.  17,  Submitted  by  Tracy  C.  Becker,  of  Los  Angeles, 
California,  read  and  referred  to  the  Committee  on  Resolutions. 

Resolution  No.   17. 

(By  Tracy  C.  Becker,  of  Los  Angeles.) 

Whereas,  It  is  well  known  that  it  is  the  uniform  practice  of  the 
railroad  companies  to  fix  their  rates  and  charges  for  transporting 
ores  on  the  basis  of  "what  they  believe  the  traffic  will  bear,"  and  not 
as  just  and  reasonable  compensation  fixed  on  the  basis  of  the  cosji  of 
carrying  the  ores  or  the  risk  in  carrying  the  same; 

And,  Whereas,  It  is  manifest,  because  of  the  weight  of  ore  bearing 
rock  carried  in  porportion  to  the  value  of  the  ore  which  can  be  extracted 
therefrom,  that,  except  in  the  case  of  ores  or  concentrates  which  carry 
enormously  high  values  per  ton,  there  is  no  greater  cost  of  transporta- 
tion or  risk  of  loss  in  carrying  ore  bearing  rock  which  produces  at  the 
smelters  $100.00  per  ton,  than  rock  which  produces  $10.00  per  ton, 
while  the  railroad  companies  charge  many  times  as  much  for  carrying 
the  former  as  for  carrying  the  latter; 

And,  Whereas;  The  Congress  of  the  United  States  has  recently 
amended  the  Interstate  Commerce  Act  so  as  to  confer  greater  power 
and  authority  upon  the  Interstate  Commerce  Commission  than  it  has 
heretofore  had,  to  investigate  as  to  all  railroad  rates  and  to  fix  and  reg- 
ulate the  same  so  that  they  shall  be  just  and  reasonable  both  to  the 
common  carrier  and  to  the  public,  and  the  legislatures  of  various  states 


AMERICAN  MINING  CONGRESS  49 

have  adopted,  or  will  soon  adopt,  laws  fixing  maximum  rates  to  be 
charged  for  carrying  intra-state  freight  and  empowering  their  State 
Railroad  Commissioners  to  investigate,  fix  and  regulate  such  freight 
rates; 

Therefore,  Be  It  Resolved,  That  a  special  committee  of  three 
members  of  this  Congress  be  appointed  by  the  president  thereof  to  in- 
vestigate the  matter  of  the  rates  charged  by  the  railroad  companies  for 
carrying  rock  bearing  gold,  silver  and  other  ores  which  are  usually  nec- 
essarily transported  from  the  mines  to  the  smelters  for  extracting  the 
precious  metals  therefrom,  and  that  this  committee  be  given  full  power 
to  employ  expert  assistants  and  legal  counsel  and  to  take  such  proceed- 
ings as  it  may  deem  advisable  to  present  the  matter  of  the  railroad 
freight  rates  on  such  ores  to  the  United  States  Interstate  Commerce 
Commission  and  to  such  State  Railroad  Commission  or  other  authori- 
ties as  they  may  deem  proper,  and  endeavor  to  procure  so  far  as  prac- 
ticable, reasonable  and  just  railroad  freight  rates  and  charges  for  trans- 
porting such  ores. 

Resolution  No.  18,  submitted  by  Mark  B.  Kerr,  of  San  Francisco, 
California,  read  and  referred  to  the  Committee  on  Resolutions. 

Resolution  No.   18. 

(By   Mark   B.   Kerr,   of  San   Francisco,   Calif.) 

Whereas,  Considerable  aid  has  been  given  by  the  federal  govern- 
ment in  building  dams  for  irrigation,  care  of  forests  and  other  matters 
of  development  of  the  natural  resources  of  the  country; 

Be  It  Resolved,  That  the  Congress  ask  federal  aid  in  building 
restraining  dams  for  impounding  quartz,  mill  tailings  and  drainage 
tunnels  at  such  points  in  those  quartz  mining  districts  deemed  neces- 
sary by  the  Bureau  of  Mines. 

THE  CHAIRMAN — Are  there  any  other  resolutions  to  be  intro- 
duced at  this  time?  I  will  suggest  again  that  any  one  having  resolu- 
tions to  introduce,  it  will  be  well  to  introduce  them  early  in  the  ses- 
sion. If  they  are  delayed  until  the  latter  part  of  the  week,  the  possibil- 
ity is  that  they  will  not  be  given  sufficient  consideration  by  the  Reso- 
lutions Committee,  and  we  may  not  have  time  for  action  by  the  body 
at  large. 

We  will  now  take  up  the  program  for  this  afternoon,  continuing 
the  discussion  of  this  morning  relative  to  the  disposition  of  oil  lands, 
especially  with  respect  to  California.  This  discussion  will  be  continued 
by  Mr.  George  E.  Whittaker  of  Bakersfield. 

Mr.  Whittaker's  address  will  be  found  on  page  379  of  this  report. 

THE  CHAIRMAN:  The  secretary  has  in  his  possession  a  letter  from 
the  Secretary  of  the  Interior,  Mr.  Ballinger,  which  will  be  read  at  this 
time. 

Mr.  Ballinger's  communication  will  be  found  on  page  286  of  this 
report. 

THE  CHAIRMAN:  We  will  now  have  the  pleasure  of  listening  to 
Hon.  Frank  H.  Short  of  Fresno.  (Applause.) 

Mr.  Short's  address  will  be  found  on  page  347  of  this  report. 

PRESIDENT  BUCKLEY:  The  discussion  will  be  continued  by  Mr. 
Thomas  E.  Gibbon  of  Los  Angeles: 

Mr.  Gibbon's  address  will  be  found  on  page  369  of  this  report. 

THE  CHAIRMAN:  This  concludes  the  discussion  of  this  part  of 
the  program,  which  was  postponed  from  this  forenoon.  We  will  now 
proceed  immediately  to  the  program  for  this  afternoon.  I  wish  to  an- 
nounce at  this  time,  however,  that  on  Thursday  morning  it  is  expected 
that  the  Resolutions  Committee  will  report  back  to  the  Congress,  the 


50  OFFICIAL  PROCEEDINGS 

resolutions  bearing  upon  the  subject  of  conservation  and  ownership  of 
public  lands,  and  that  during  that  session  opportunity  will  be  given  for 
the  discussion  of  the  resolutions  reported  back.  I  wish  to  announce 
that  any  one  who  desires  to  be  heard  on  these  resolutions  may  appear 
before  the  Resolutions  Committee  before  they  are  reported  back. 

I  wish  that  the  members  of  the  Congress  would  remain  during  the 
remainder  of  this  session,  because  we  have  some  important  addresses. 
The  first  address  for  the  afternoon  is  by  a  gentleman  who  is  well 
known  to  you,  a  member  of  the  United  States  Geological  Survey,  and 
chief  statistican,  Mr.  E.  W.  Parker,  who  will  now  address  you  on  the 
subject  of  conservation  of  coal. 

Mr.  Parker's  address  will  be  found  on  page  228  of  this  report. 

THE  CHAIRMAN:  The  next  order  of  business  will  be  an  address 
by  Mr.  George  S.  Rice,  of  the  Bureau  of  Mines  of  Washington,  D.  C., 
the  subject  being  ''Investigation  of  Mine  Accidents." 

Mr.  Rice's  paper  will  be  found  on  page  235  of  this  report. 

THE  CHAIRMAN:  Will  you  please  remain  seated  for  just  a 
moment.  WTe  have  another  address  this  afternoon  on  our  program,  but 
as  the  hour  is  late  and  the  time  of  adjournment  has  arrived,  we  will 
have  to  dispense  with  it  for  today,  but  will  listen  to  the  Resolutions 
Committee  report,  which  will  be  very  short. 

MR.  DORSET:  The  Committee  on  Resolutions  will  meet  at  our 
room  at  the  Alexandria  hotel  immediately  after  the  adjournment  of 
this  session.  Tomorrow  morning  at  nine  o'clock  the  Committee  on 
Resolutions  will  consider  the  resolutions  pertaining  to  conservation,  so 
as  to  report  to  the  Congress  Thursday  morning,  and  we  can  have  an 
open  discussion  at  that  time.  Those  who  introduced  these  resolutions 
on  conservation  are  invited  to  meet  with  the  committee  tomorrow  morn- 
ing at  the  Alexandria  hotel. 

Mr.  Chairman,  your  Committee  on  Resolutions  report  favorably 
resolution  No.  1,  which  I  will  ask  the  secretary  to  read. 

The  secretary  then  read  resolution  No.  1. 

MR.  DORSET:  I  move  the  adoption  of  the  resolution,  Mr.  Chair- 
man. 

Motion  seconded,  put  and  carried. 

Resolution  No.  1,  as  adopted,  will  be  found  on  page  173. 

MR.  DORSET:     The  committee  reports  resolution  No.  2  favorably, 
which  I  will  ask  the  secretary  to  read. 
Secretary  then  read  resolution  No.  2. 

MR.  DORSET:      I  move  the  adoption  of  the  resolution. 

Motion  seconded,  put  and  carried. 

Resolution  No.  2,  as  adopted,  will  be  found  on  page  173. 

MR.  DORSET:  Mr.  President,  I  report  favorably  resolution  No. 
3,  which  I  will  ask  the  secretary  to  read. 

Resolution  No.  3  was  then  read  by  the  secretary. 

MR.  DORSET:     I  move  the  adoption  of  that  resolution. 

Motion  seconded,  put  and  carried. 

Resolution  No.  3,  as  adopted,  will  be  found  on  page  173. 

MR.  DORSET:  Mr.  President,  I  report  favorably  resolution  No. 
5,  which  I  will  ask  the  secretary  to  read. 

The  secretary  then  read  resolution.  No.  5. 

MR.  DORSET:     I  move  the  adoption  of  that  resolution, 
Motion  seconded,  put  and  carried. 


AMERICAN  MINING  CONGRESS  51 

Resolution  No.  5,  as  adopted,  will  be  found  on  page  174. 

MR.   DORSET:      Mr.   President,   the  committee  authorizes   me  to 
report  favorably  resolution  No.  9,  which  I  will  ask  the  secretary  to  read. 
The  secretary  then  read  resolution  No.  9. 

MR.  DORSET:      I  move  the  adoption  of  the  resolution. 

MR.  DAVID  T.  DAT:  I  would  like  to  know  whether  that  was  the 
language  of  the  original  resolution,  or  whether  it  has  been  modified 
in  the  committee? 

MR.  DORSET:  It  is  the  language  of  the  original  resolution  with 
the  exception  of  striking  out  "we  recommend  to  the  Geological  Survey 
and  Bureau  of  Mines."  The  author  of  the  resolution  was  present,  and 
on  the  suggestion  of  a  member  of  the  Committee  on  Resolutions  that 
that  be  stricken  out  and  leave  it  all  to  the  Bureau  of  Mines,  he  accepted 
that  change. 

The  question  was  put  and  carried. 

Resolution  No.  9,  as  adopted,  will  be  found  on  page  174. 

THE  SECRETART:  Resolution  No.  19  offered  by  a  member,  the 
president  has  asked  me  to  read. 

Resolution  No.  19. 

Resolved,  That  the  American  Mining  Congress,  in  thirteenth  an- 
nual convention  assembled,  representing  every  phase  of  the  mining  in- 
dustry of  the  United  States,  tenders  to  the  Hon.  William  H.  Taft,  Presi- 
dent of  the  United  States,  its  sincere  appreciation  of  his  action  in  ap- 
pointing Dr.  Joseph  A.  Holmes  first  director  of  the  Bureau  of  Mines. 

It  congratulates  the  mining  industry  of  the  United  States  upon  the 
selection  of  a  man  pre-eminently  fitted  for  the  duties  of  the  office,  who 
has  proved  himself  a  friend  of  the  industry  which  he  will  now  represent 
in  national  position.  It  extends  to  Director  Holmes  its  promise  of 
hearty  and  consistent  co-operation,  collectively  and  individually,  to  the 
end  that  the  new  bureau  may  be  speedily  made  as  great  as  the  industry 
it  represents. 

The  Mining  Congress  also  wishes  to  express  its  sincere  appreciation 
of  the  efforts  put  forth  by  the  friends  of  the  industry  in  both  branches 
of  Congress.  It  believes,  however,  that  the  efforts  of  the  Mining  Con- 
gress should  not  be  abated  until  the  great  industry,  producing  over  two 
billion  dollars  a  year  in  ordinary  times,  be  represented  by  a  Department 
of  Mines  and  Mining  with  a  Cabinet  official  at  its  head. 

It  extends  to  the  United  States  Geological  Survey  its  expression  of 
hearty  co-operation  and  continued  loyalty  and  believes  that  the  two  co- 
ordinate branches  should  be  conducted  with  the  single  purpose  of  ad- 
vancing the  interests  of  the  mineral  industry.  It  commends  the  patriotic 
efforts  of  the  late  J.  W.  Powell  and  Clarence  Iting  and  of  Dr.  C.  D. 
Walcott  and  pledges  its  continued  support  and  endorsement  so  long  as 
the  Geological  Survey  adheres  to  the  non-political  purpose  for  which  it 
was  created  and  maintains  the  traditions  of  its  great  history  of  practical 
accomplishment  for  the  science  of  economic  geology,  handed  down  by 
these  three  distinguished  men. 

THE  CHAIRMAN:  It  will  be  referred  to  the  Committee  on  Reso- 
lutions. 

MR.  DAT:  I  move  the  rules  be  suspended  and  the  resolutions  be 
adopted. 

MR.  DORSET:     Mr.  Chairman.  I  would  second  the  motion. 

MR.  DAT:  We  have  a  resolution  here  which  is  agreeable  to  the 
entire  assembly.  It  should  be  unanimously  passed,  and  I  join  most 


52  OFFICIAL  PROCEEDINGS 

heartily  in  the  request  that  this  resolution  be  put  upon  its  passage  at 
the  present  time. 

Motion  put  and  carried. 

MR.  DORSET:  Now,  I  move  the  adoption  of  the  resolution  just 
read.  We  have  simply  suspended  the  rules. 

Motion  seconded,  put  and  carried. 

The  secretary  then  read  resolutions  No.  20,  No.  21  and  No.  22, 
which  were  referred  to  the  Committee  on  Resolutions. 

Resolution  No.  20. 

(By  E.  A.  Montgomery.) 

Whereas,  Numbers  of  men  engaged  in  metal  mining  are  likewise 
financially  interested  in  oil  production,  and 

Whereas,  The  miners  of  metalliferous  ores  are  in  entire  sympathy 
with  oil  producers,  and  precisely  similar  conditions  are  to  be  found  in 
lands  underneath  which  are  precious  metals  and  oils,  and 

Whereas,  The  present  mineral  land  laws  are,  in  many  instances, 
totally  inadequate  to  safeguard  the  rights  of  bona  fide  locators  and 
miners  of  oil  and  metals,  and  it  is  proposed  by  interested  parties  to 
enact  so-called  conservation  laws  which  may  further  imperil  already  es- 
tablished interests  and  retard  the  development  of  rich  mineral  territory, 
Now,  Therefore,  Be  It  Resolved: 

1.  That  we  express  our  sympathy  with  the  miners  of  oil,  and  ten- 
der them  our  hearty  co-operation  in  any  effort  to  bring  about  the  en- 
actment of  laws  which  shall  safeguard  their  rights  and  advance  the  in- 
terests of  their  business. 

2.  That,  believing  there  are  many  miners  of  precious  metals  not 
now  interested  in  oil  development,  who,  nevertheless,  desire  to  make 
investments  in  oil,  we  request  the  reciprocal  assistance  of  the  oil  men 
in  our  efforts  to  prevent  detrimental   legislation   and  to   secure  such 
legislation  as  the  conditions  of  the  mining  industry  indicate  are  impera- 
tively necessary.     We  further  declare  that,  in  our  judgment,  it  is  im- 
possible to  separate  the  interests  of  oil  miners  and  metal  miners  in  the 
field  of  legislation,  and  that  because  of  the  necessary  unity  of  interests 
we  should  join  forces  and  work  according  to  some  agreed  plan  of  opera- 
tion. 

Resolution  No.  21. 

(Introduced  by  Edward  H.  Benjamin  of  San  Francisco.) 

Whereas,  It  is  proposed  to  hold  at  some  suitable  place  in  the  United 
States  of  America,  during  the  year  1915,  a  great  International  Exposi- 
tion and  World's  Fair,  to  celebrate  the  completion  of  the  Panama  canal, 
man's  greatest  achievement  since  the  world  began,  and 

Whereas,  Federal  recognition  of  the  proposed  International  Ex- 
position is  deemed  essential  to  the  complete  success  of  the  undertaking, 
to  the  end  that  foreign  governments  may  look  upon  it  with  favor,  and 

Whereas,  San  Francisco,  California,  by  reason  of  its  location  with 
reference  to  the  mining  regions  of  the  United  States,  is  the  choice  of 
the  people  residing  in  the  mining  districts  of  America  and  the  people 
of  California,  without  asking  Congressional  appropriations  guarantee  a 
sum  of  money  sufficient  to  build  the  greatest  Exposition  in  the  history 
of  the  world,  and  the  one  best  calculated  to  foster  and  promote  the  min- 
ing industry,  therefore  be  it. 

Resolved,  That  the  American  Mining  Congress  recognizes  San 
Francisco  as  the  logical  point  for  the  International  Exposition  of  1915. 
situated  as  it  is,  upon  the  western  shores  of  America,  and  facing  the 
Pacific  ocean,  which  is  destined  at  the  completion  of  the  Panama  canal 
to  become  the  theatre  of  the  world's  greatest  activity.  And  be  it  further 


AMERICAN  MINING  CONGRESS  53 

Resolved,  That  the  American  Mining  Congress  heartily  endorses 
the  claims  of  California  to  federal  recognition,  and  requests  the  Con- 
gress of  the  United  States  to  grant  the  same  against  all  other  claims. 

Resolution  No.  22. 

(Introduced  by  Horatio  A.  Foster.) 

Whereas,  the  development  of  mines  and  mining  in  the  Rocky 
Mountain  states  is  largely  dependent  upon  the  use  of  electricity  from 
water  power,  and 

Whereas,  There  is  a  large  amount  of  undeveloped  water  power  now 
running  to  waste  on  the  public  domain  in  these  states  because  in 
the  state  of  the  present  laws,  conditions  surrounding  its  development 
are  too  uncertain  to  invite  such  development,  and 

Whereas,  All  water  power  that  is  not  utilized  is  wasted  and  for- 
ever lost  to  humanity,  resulting  in  the  premature  exhaustion  of  our  coal 
and  oil  fields,  and  the  use  of  timber  for  fuel,  be  it  therefore 

Resolved,  That  it  is  the  sense  of  this  convention  that  laws  must  be 
immediately  enacted  which  shall  definitely  and  accurately  define  the 
terms  and  tenure  of  leases,  the  right  to  utilize  stream  water  for  the  pur- 
pose of  generating  electric  power,  and  be  it  also 

Resolved,  That  such  rentals  shall  be  fixed  at  a  rate  which  shall 
permit  the  lessee  to  compete  on  an  equitable  basis  with  those  engaged 
in  supplying  other  forms  of  heat,  power  and  light;  be  it  likewise 

Resolved,  That  the  tenure  of  such  leases  of  water  rights  shall  be 
of  sufficient  length  to  enable  those  who  engage  in  their  development 
and  diversion  to  the  uses  of  mankind  to  secure  a  reasonable  return  and 
earning  upon  the  vast  sums  of  money  necessary  for  Hydro-electric  con- 
struction, and  that  such  term  should  in  the  opinion  of  this  convention 
be  fixed  at  the  minimum  of  sixty  years  and  in  order  that  the  water  sheds 
shall  not  be  denuded  by  fire  or  the  reckless  cutting  of  timber,  be  it 
further 

Resolved,  That  all  sums  collected  from  the  rentals  of  water  rights 
for  power  purposes  shall  be  expended  for  the  protection  of  the  forest 
reserve  within  the  state  where  such  collection  is  made. 

THE  CHAIRMAN:  The  Congress  has  completed  its  work  for  this 
afternoon,  and  will  now  take  a  recess,  according  to  the  program,  until 
eight  o'clock  when  it  will  meet  at  the  Chamber  of  Commerce  reception. 
I  hope  that  every  member  and  delegate  will  be  present. 


TUESDAY  EVENING,   SEPTEMBER  27,    1910. 
Chamber  of  Commerce  Reception. 

At  eight  o'clock  the  Congress  assembled  at  the  Chamber  of  Com- 
merce where  a  reception  was  tendered  by  that  organization  to  the 
Officers  and  Directors  of  the  Congress,  and  the  members,  delegates  and 
visiting  ladies. 

A  short  speech  of  welcome  was  made  by  President  Joseph  Scott 
of  the  Chamber  of  Commerce,  who  was  followed  by  President  Buckley 
of  the  Mining  Congress,  Dr.  J.  A.  Holmes  of  the  United  States  Bureau 
of  Mines,  and  Dr.  R.  W.  Brock,  Acting  Minister  of  Mines  of  Canada. 

No  business  matters  of  any  kind  were  considered,  the  evening 
being  given  over  entirely  to  entertainment. 

President  Buckley  announced  that  the  Congress  would  again  as- 
semble in  Convention  Hall  on  Wednesday  morning,  September  28,  at 
ten  o'clock. 


54  OFFICIAL  PROCEEDINGS 


WEDNESDAY,  SEPTEMBER  28,  1910. 

Morning  Session. 

THE  PRESIDENT:  The  Congress  will  please  be  in  order.  We 
will  first  listen  to  announcements  by  the  secretary. 

The  secretary  then  read  a  telegram  from  the  Coalinga  Chamber  of 
Commerce  embodying  a  resolution  of  that  body,  which  was  referred  to 
the  Committee  on  Resolutions,  as  follows: 

Coalinga,  Calif.,  Sept.   27. 

President  American  Mining  Congress,  Los  Angeles,  Calif. 

Following  is  resolution  adopted  today  at  meeting  of  Coalinga 
Chamber  of  Commerce: 

Whereas,  The  matter  relating  to  California  government  oil  lands 
is  in  a  complicated  condition,  and 

Whereas,  California  oil  men  are  struggling  for  a  way  out  of  the 
complicated  situation  and  it  is  deemed  best  for  their  interests  that 
they  be  permitted  to  work  out  of  the  said  complicated  situation  them- 
selves, now  therefore  be  it 

Resolved,  That  it  is  the  sense  of  this  meeting  of  the  Coalinga 
Chamber  of  Commerce  that  the  American  Mining  Congress  now  in  ses- 
sion in  Los  Angeles  be  asked  to  take  no  action  on  the  said  oil  situation 
by  resolution  or  otherwise  and  further  that  a  copy  of  this  resolution 
be  telegraphed  to  the  president  of  said  Mining  Congress  at  once. 

H.  P.  JAYNE,  Sec'y. 

Also  communication  in  poetry  to  the  Congress,  from  Jack  Craw- 
ford, the  poet  scout;  as  follows: 

Cheyenne,  Wyo.,  Sept.  27th. 
The  President,  Mining  Congress, 
Los  Angeles,  California. 

A   greeting  from-  the  iron  trail, 

A  broncho's  love  and  blessing, 
May  peace  and  harmony  prevail, 

And  sunny  beams  caressing; 
May  wisdom  mark  your  every  act, 

With  glory's  flag  unfurled, 
And  may  the  Congress  prove  in  fact, 

A  blessing  to  the  world. 

Your  poet  Laureate, 
CAPT.  JACK  CRAWFORD. 

The  secretary  further  announced  a  reception  to  the  visiting  ladies. 
to  be  given  by  the  ladies  of  the  Sierra  Madre  Club,  and  also  the  recep- 
tion to  be  given  the  president  this  evening,  to  be  followed  by  an  address 
by  Dr.  Holmes.  Also  reception  to  be  given  by  Mrs.  Grant  G.  Gillette, 
43  Westmoreland  Place.  Also  a  smoking  concert  to  be  given  under  the 
direction  of  Mr.  Dick  Ferris  upon  the  roof  of  the  Hamburger  building, 
said  concert  to  be  under  the  auspices  of  the  Sierra  Madre  Club. 

A  resolution  was  then  introduced  by  Mr.  B.  L.  Worthen,  of  Tucson, 
Arizona,  which  resolution  was  read  and  referred  to  the  Committee  on 
Resolutions,  as  No.  23. 

Resolution  No.  23. 

(Offered  by  B.  L.  Worthen,  of  Tuscon,  Arizona.) 

Be  It  Resolved,  That  the  American  Mining  Congress  in  behalf  of 
the  welfare  of  the  underground  miner  and  the  betterment  of  general 
mining  conditions,  use  their  efforts  to  bring  to  the  attention  of  the 


AMERICAN  MINING  CONGRESS  55 

Bureau  of  Mines  the  necessity  of  having  Congress  pass  laws  to  better 
safeguard  the  lives  of  miners. 

And,  Whereas,  It  is  now  known  that  the  dread  plague  miner's 
Phthisis  is  becoming  more  prevalent  among  the  miners,  and  to  the  ex- 
tent which  would,  even  to  the  miner  be  alarming  if  reliable  statistics 
were  compiled, 

And,  Whereas,  One  of  the  principal  causes  of  Miner's  Phthisis  is 
known  to  have  its  source  from  the  inhalation  of  dust  particles  made 
while  drilling  dry  holes  for  mining. 

And,  Whereas,  It  is  known  that  other  countries  have  legislated 
and  passed  laws  to  the  effect  that  mechanical  devices  have  been  in- 
troduced into  the  drilling  methods,  which  to  a  great  extent  has  elim- 
inated the  dust,  thereby  safeguarding  the  health  of  the  miners. 

Now,  Therefore,  Be  it  the  sense  of  this  Congress  that  steps  be 
taken  to  see  that  laws  are  passed  which  will  cause  both  the  employer 
and  employee  to  consider  the  danger  and  devise  means  to  safeguard 
the  lives  of  humankind. 

A  resolution  was  then  introduced  by  A.  K.  Wright,  of  Searchlight, 
Nevada,  which  resolution  was  read  and  referred  to  the  Committee  on 
Resolutions,  as  No.  24. 

Resolution  No.  24. 

(Offered  by  A.  K.  Wright,  of  Nevada.) 

Resolved,  That  this  Congress  believes  that  the  best  interests  of  all 
the  people  will  be  conserved  by  state  regulation  and  control  of  all  na- 
tural resources  within  the  boundaries  of  each  and  every  state,  in  the 
very  largest  measure  compatible  with  present  federal  statutes. 

Resolved,  That  it  is  the  sense  of  this  Congress  that  the  proposed 
system  of  leasing  mineral  lands  for  mining  purposes  will  prove  detri- 
mental to  the  metal  mining  industries,  and  that  prospectors  and  miners 
should  have  the  right  to  acquire  title  by  purchase  and  patent,  now  and 
always. 

A  resolution  was  then  introduced  by  P.  H.  Mitchell,  of  Arizona, 
which  was  also  read  and  referred  to  the  Committee  on  Resolutions  as 
No.  25. 

Resolution  No.  25. 

(Offered  by  F.  H.  Mitchell,  of  Arizona.) 

Resolved,  That  any  conservation  policy  which  places  obstacles  or 
restrictions  in  the  way  of  the  free  and  unrestricted  prospecting  and  lo- 
cation of  metalliferous  mineral  lands,  or  which  favors  any  lease  or 
royalty  upon  the  future  tenure  and  production  of  such  locations,  is  in- 
imical to  the  development  of  our  country's  resources,  represents  a  step 
backward,  and  strikes  directly  at  the  welfare  and  prosperity  of  the  en- 
tire mining  industry. 

Resolved  Further,  That  we  endorse  the  work  of  the  Forest  Ser- 
vice in  its  efforts  to  preserve  and  maintain  a  rational  consumption  of 
the  nation's  timber  resources,  but  we  are  unqualifiedly  opposed  to  any 
and  all  withdrawals  of  metalliferous  mineral  lands  from  public  entry, 
and  to  any  legislation  which  will  in  any  way  interfere  with  the  free 
prospecting  location  or  production  from  future-discovered  and  located 
mining  claims. 

THE  PRESIDENT:  If  there  are  no  further  resolutions  we  will 
proceed  to  the  regular  order  of  business.  The  next  in  order  is  the  re- 
port of  the  Committee  on  Revision  of  Mineral  Land  Laws,  by  Mr.  Will 
L.  Clark,  of  Jerome,  Arizona. 

A  DELEGATE:  Mr.  President,  we  have  a  delegate  from  Wash- 
ington here,  and  there  is  no  representative  on  the  Resolutions  Com- 
mittee from  that  state,  and  I  suggest  that  he  be  made  a  member  of 
that  committee, 


56  OFFICIAL  PROCEEDINGS 

THE  PRESIDENT:  I  wish  to  say  that  the  gentleman  from  Wash- 
ington may  become  a  member  of  that  committee  by  presenting  his 
name  to  the  secretary  at  any  time.  Nothing  else  is  necessary. 

The  report  of  the  Committee  on  General  Revision  of  Mineral  Land 
Laws  was  then  read  as  follows: 

REPORT  OF  THE  COMMITTEE  ON  GENERAL  REVISION  OF 
MINERAL  LAND  LAWS. 

To    the    President    and   Members    of    the    American    Mining    Congress, 
Thirteenth  Annual  Session,  Los  Angeles,  California: 

Your  committee  on  General  Revision  of  the  Mineral  Land  Laws 
submits  its  report  as  follows: 

The  feeling  is  universal  among  those  interested  in  the  mining  in- 
dustry of  the  United  States,  that  it  is  imperative  there  should  be  a  gen- 
eral revision  of  the  mineral  land  laws.  There  has  been  no  general  re- 
vision since  the  Act  of  1872. 

On  June  13,  1910,  your  committee  sent  the  following  message  to 
Secretary  Callbreath,  who  was  then  at  Washington,  D.  C.,  engaged  in 
the  work  incident  to  the  passage  of  the  Bureau  of  Mines  enactment. 
"The  committee  recommends  that  our  president  ask  Congress  to  un- 
dertake promptly  a  general  revision  of  the  mineral  land  laws,  which,  in 
view  of  the  difficult  problems  presented,  should  be  in  co-operation  with 
the  mining  industry.  The  plan  adopted  for  this  co-operation  should 
give  all  sections  opportunity  for  public  hearing  and  discussion  of  rem- 
edies. Mining  Congress  will  help  suggest  a  practicable  plan  later  on, 
if  desired. 

"(Signed)     EDMUND  B.  KIRBY,  Chairman." 

It  was  hoped  to  secure  favorable  action  by  Congress  then.  This, 
however,  was  impossible  as  the  remaining  time  of  that  session  was  too 
short,  and  your  committee  continues  to  believe  and  now  reports  again 
recommending,  that  we  appeal  to  the  Congress  of  the  United  States  to 
undertake  promptly  a  general  revision  of  the  mineral  land  laws.  It 
is  particularly  timely  now  when  relief  is  so  needed  and  strongly  being 
urged  by  all  the  mining  communities  and  classes  of  mining,  including 
the  oil  industry,  and  so  many  new  factors  have  been,  or  are  to  be,  in- 
troduced, including  the  so-called  "Conservation  Measures,"  that  the 
Congress  of  the  United  States  should  be  informed  and  strongly  urged 
to  proceed  with  the  general  revision  of  the  entire  mineral  land  laws. 

The  Reasons  for  Such  Needed  Revision. 

They  are  so  imperative  and  well  understood  in  mining  communities 
affected,  that  we  will  not  burden  this  report  with  any  detailed  state- 
ment thereof,  but  as  was  stated  in  part  in  the  excellent  report  of  the 
Committee  on  Vertical  Side  Line  Law,  submitted  to  the  Twelfth  Annual 
Session  of  the  American  Mining  Congress,  it  is  well  to  refer  to  the 
early  chapters  of  our  mining  history,  which  practically  commenced  with 
the  first  gold  discoveries  in  California,  when  this  state  had  just  ceased 
to  be  Mexican  territory,  and  to  remember  the  great  immigration  into 
this  favored  section;  the  absence  of  any  mining  statutes  applying,  and 
the  adoption  by  the  miners  of  rules  governing  mining  rights;  the  marked 
similarity  in  the  rules  of  the  mining  West,  all  of  them  recognizing 
ui&covery,  followed  by  appropriation,  as  the  foundation  of  the  possessor  *, 
title,  and  development  by  working  as  a  condition  of  its  retention;  the 
sanctity  of  law  given  to  these  rules;  the  discovery  in  1860  of  the  great 
Comstock  lode,  the  development  thereof;  and  the  disputes  and  endless 
litigation  arising  out  of  vagueness  of  rights  and  the  uncertainties  of 
title. 

The  Federal  Mining  Act  of  1866. — Its  Importance. 

The  early  Western  miners  occupied  lands  that  were  unsurveyed 
and  had  not  been  opened  to  settlement.  Strictly  speaking,  these  miners 


AMERICAN  MINING  CONGRESS  57 

were  trespassing  upon  the  public  domain,  and  continued  so  until  the 
enactment  of  the  federal  "Lode  and  Water  Law"  of  July  26,  1866,  by 
which  the  rights  which  had  been  acquired  under  local  rules  were 
recognized  and  confirmed,  and  the  principle  laid  down  that  all  mineral 
lands  of  the  public  domain  should  be  free  and  open  to  exploration  and 
occupation,  and  that  titles  to  certain  classes  of  mineral  deposits  or  lands 
containing  them  would  be  granted.  This  act  was  accepted  as  a  step  in 
the  right  direction,  although  its  details  were  faulty  and  crude.  It  was 
replaced  by  the  act  of  May  10th,  1872,  the  essential  features  of  which 
are  contained  in  the  Revised  Statutes  substantially  as  they  exist  today, 
and  with  which  we  are  principally  concerned. 

In  spite  of  the  good  intentions  of  the  makers  of  these  early  acts, 
the  fact  remains  that  our  mineral  land  laws  are  imperfect  and  obsolete 
and  not  sufficient  for  our  present  conditions  and  that  many  of  the  ex- 
isting provisions  tend  to  unsettle  rights  to  discovery,  to  discourage  in- 
vestments and  to  retard  developments  of  latent  resources.  And  in  spite 
of  the  many  interpretations  of  the  courts,  the  numerous  volumes  of 
"Mining  Law"  that  have  been  written,  the  millions  of  dollars  that  have 
been  spent  in  litigation,  and  efforts  to  adjust  new  conditions  to  these 
laws,  cases  are  continually  arising  for  adjudication.  Every  active  min- 
ing community  has  its  share  thereof.  Judge  Lindley,  to  whom  special 
acknowledgement  is  due  for  his  admirable  treatise  on  American  law  in 
relation  to  mines,  prefixes  his  text  in  Volume  1  with  a  table  of  ad- 
judicated cases,  some  2,000  in  number.  These  are  leading  cases.  Other 
suits  in  the  lower  courts,  wherein  no  new  questions  of  mining  law  have 
been  raised,  have  been  so  numerous  as  to  preclude  computation.  Time 
and  space  do  not  permit  any  recital  of  these  disputes.  They  are  matters 
of  common  knowledge.  Neither  is  it  necessary  now  to  discourse  on  the 
inadequacies  of  the  present  mining  laws,  for  there  have  been  extended 
printed  articles  concerning  this  and  special  acknowledgement  is  due 
Dr.  Rossiter  W.  Raymond,  secretary  of  the  American  Institute  of  Min- 
ing Engineers,  for  his  printed  expositions  of  the  need  of  the  revision  of 
the  existing  mining  laws. 

The  great  bone  of  contention  has  been  the  extralateral  right.  It 
has,  however,  been  found  so  difficult  to  make  adjustments  of  the  ex- 
tralateral right  whenever  extensive  and  deep  mining  operations  have 
been  prosecuted,  that  settlements  out  of  court  have  been  the  only  way 
of  determining  such  conflicts.  Nearly  every  consolidated  group  of  min- 
ing claims  is  an  example  of  this  sort  of  prudence,  but  where  purchases 
or  consolidation  could  not  be  effected,  the  owners  of  adjoining  mines 
have  executed  agreements  and  releases  whereby  verticle  plane  bound- 
aries following  some  compromise  line,  have  been  agreed  upon  as  limit- 
ing the  rights  of  both  parties.  Agreements  of  this  kind  have  been  made 
by  the  owners  of  many  of  the  large  mining  groups  of  the  West.  It  has 
been  suggested  that  this  attitude  of  the  mining  men  whose  interests  are 
most  vitally  affected,  is  the  final  argument  against  the  value  and  im- 
portance of  the  extralateral  right. 

Other  Evils. 

In  the  judgment  of  your  committee,  the  evils  arising  out  of  the 
direct  application  of  the  extralateral  rights  are  possibly  of  less  import- 
ance that  the  secondary  evils.  In  one  way  and  another  the  present  laws 
are  so  loaded  down  with  cumbersome  provisions  that  it  is  almost  out 
of  the  question  for  the  poor  claim  owner  to  proceed  with  an  adjudica- 
tion of  adverse  conflicts  through  the  courts.  The  final  result  in  every 
active  mining  district  is  a  tangled  group  of  conflicting  locations;  and  un- 
fortunately it  is  not  only  the  claim  owners  who  are  thus  injuriously  di- 
rectly affected  but  this  involves  the  class  of  men  who  would  invest  in 
mining  enterprises,  but  are  deterred  from  doing  so  by  uncertainties  of 
title  and  fear  of  litigation. 


58  OFFICIAL  PROCEEDINGS 

Regarding  Location  and  Discovery,  Also  the  Laws  Regarding  the  Per- 
formance of  Annual  Labor. 

Everyone  interested  in  this  subject  recognizes  that  starting  from 
the  very  first  necessity  of  acquiring  a  mining  claim,  the  present  law 
regarding  discovery  is  obsolete  and  needs  immediate  revision.  A  clear, 
definite  and  practical  procedure  for  acquiring  rights  to  those  min- 
eral, both  metalliferous  and  oil  bearing  claims,  on  which,  from  the  na- 
ture of  the  deposit,  discovery  must  be  long  deferred. 

The  question  of  tunnel  rights,  and  the  uncertainties  of  title  arising 
thereunder. 

The  location  of  an  unlimited  number  of  claims  by  one  person. 

The  abandonment  and  re-location  by  the  same  locator. 

Location  by  proxy. 

The  uncertainties  of  placer  locations  and  grouping  thereof  under 
the  present  laws. 

The  conflicts  between  placer  and  lode  locations  under  the  present 
laws. 

The  foregoing  are  only  a  small  number  of  the  vexations  and  un- 
certainties that  now  exist  in  our  mining  laws. 

At  every  session  of  the  American  Mining  Congress  the  prevailing 
dissatisfaction  has  found  expression  in  various  resolutions  asking  for 
the  correction  of  the  existing  laws.  Such  resolutions  have  been  result- 
less  for  the  reason  that  the  Congress  of  the  United  States  has  not  acted 
upon  them. 

In  the  second  place  we  believe  that  one  of  the  main  reasons  for 
this  failure  is  that  the  laws  are  so  interdependent  that  it  is  difficult 
and  in  most  cases  impossible  to  correct  one  fault,  without  affecting  the 
entire  code. 

We  therefore  strongly  urge  that  the  idea  of  patch  work  revision 
must  be  abandoned,  and  as  stated  before,  with  many  new  measures  now 
pending  or  to  be  proposed  it  is  clearly  of  the  utmost  importance  that  a 
general  revision  should  be  undertaken.  As  the  problems  involved  are 
particularly  difficult,  a  revised  code  should  be  the  result  of  the  most 
experienced  judgment  and  a  full  discussion  by  the  mining  communities 
and  a  careful  consideration  of  the  question  and  it  is  certain  that  the 
National  Congress  will  welcome  the  active  co-operation  of  the  mining 
and  oil  men  of  the  country,  in  the  suggestions  of  practicable  revisions. 
The  national  Congress  must  first  assent  to  the  general  proposition  and 
agree  to  undertake  a  general  revision  with  the  co-operation  of  the 
mining  industry.  And  as  to  the  details  of  the  plan  to  bring  this  about 
your  committee  is  of  the  opinion  that  this  can  and  should  properly  be 
left  to  the  National  Congress.  It  is  with  the  understanding  that  the 
American  Mining  Congress  is  ready  at  all  times  to  give  whatever  assist- 
ance may  be  desired.  It  is  suggested,  however,  that  the  vital  import- 
ance of  the  subject  and  immediate  necessity  of  the  quickest  possible  ac- 
tion by  the  National  Congress  may  be  expedited  by  the  creation  and  ap- 
pointment of  a  National  Commission  to  prepare  such  revision.  In  the 
event  of  the  adoption  of  such  suggestion  it  is  manifest  that  a  sufficient 
appropriation  should  be  granted  for  the  needs  of  the  commission  to 
quickly  gather  and  consider  adequate  data  and  information. 

We  further  recommend  that  the  president  and  other  officers  of  the 
American  Mining  Congress,  and  each  member  and  delegate  thereof, 
exercise  direct  and  diligent  effort  to  secure  the  prompt  attention  and 
favorable  action  of  the  National  Congress  accordingly;  and 

That  a  copy  of  this  report  and  resolution  adopted  be  placed  through 
the  various  state  representatives  of  this  Congress  in  the  hands  of  the 
governor  and  the  senators  and  representatives  of  Congress  of  every 
mining  state  and  territory,  with  endeavor  to  enlist  their  active  support. 

That  a  committee  on  revision  of  the  mineral  land  laws  be  again 
appointed  by  the  president  of  this  Congress,  consisting  of  one  member 


AMERICAN  MINING  CONGRESS  59 

from   each   mining  state   or  territory,   represented   by   membership   in 
this  congress. 

That  the  chairman  of  this  committee  should  receive  from  each 
state  committeeman  a  monthly  report  of  the  progress  of  this  work,  con- 
taining advice  as  to  what  action  their  various  representatives  in  Con- 
gress are  taking,  and  report  such  findings  to  the  secretary  of  the  Amer- 
ican Mining  Congress  at  headquarters,  Denver,  Colorado. 

Respectfully  submitted, 

E.  B.  KIRBY,  Chairman. 

WILL  L.  CLARK,  Acting  Chairman. 

F.  G.  TYRRELL. 
W.  H.  DICKSON. 

M.  BAUMGARTNER. 

Committee. 

THE  PRESIDENT:  What  is  your  pleasure  with  the  report  of  this 
committee? 

MR.  GIBBONS,  of  Nevada:  I  move  the  report  be  received  and 
filed. 

THE  PRESIDENT:  And  that  the  resolution  be  referred  to  the 
Committee  on  Resolutions. 

Said  motion  was  seconded  and  duly  carried. 

THE  PRESIDENT:  We  will  listen  to  the  report  of  the  Chairman 
of  the  Resolutions  Committee. 

MR.  GEORGE  W.  E.  DORSEY:  The  Committee  on  Resolutions 
are  now  considering  all  resolutions  referring  to  conservation.  We 
meet  in  Parlor  A  of  the  Alexandria  hotel  at  1:30,  and  we  ask  all  gen- 
tlemen who  have  introduced  resolutions  here  regarding  conservation  to 
appear  before  the  committee  if  they  so  desire,  during  the  session  this 
afternoon  and  this  evening,  and  all  gentlemen  who  are  members  of  the 
Congress  who  wish  to  introduce  any  resolution  regarding  conservation — 
we  ask  that  they  present  such  resolutions  this  morning,  so  that  they 
can  be  referred  to  the  committee  and  considered  tomorrow  morning  at 
10  o'clock  as  I  will  report  to  the  Congress  the  findings  of  the  Com- 
mittee on  Resolutions  regarding  conservation,  that  they  may  be  dis- 
cussed, as  that  hour  has  been  named  for  the  general  discussion.  We  of- 
fer a  substitute  for  Resolution  No.  21,  which  we  ask  the  secretary  to 
read. 

Said  substitute  for  Resolution  No.  21  was  then  read  by  the  secre- 
tary, as  follows: 

Substitute  for  Resolution  No.  21. 

(For  original  Resolution  No.  21,  see  page  52.) 

Whereas,  It  is  proposed  to  hold  at  some  suitable  place  in  the 
United  States  of  America,  during  the  year  1915,  a  great  International 
Exposition  and  World's  Fair,  to  celebrate  the  completion  of  the  Panama 
canal,  man's  greatest  achievement  since  the  world  began,  and 

Whereas,  Federal  recognition  of  the  proposed  International  Ex- 
position is  deemed  essential  to  the  complete  success  of  the  undertaking, 
to  the  end  that  foreign  governments  may  look  upon  it  with  favor,  and 

Whereas,  San  Francisco,  California,  by  reason  of  its  location  with 
reference  to  the  mining  regions  of  the  United  States,  is  the  choice  of 
the  people  residing  in  the  mining  districts  of  America  and  the  people  of 
California  without  asking  congressional  appropriations,  guarantee  a 
sum  of  money  sufficient  to  build  the  greatest  exposition  in  the  history 
of  the  world,  and  the  one  best  calculated  to  foster  and  promote  the  min- 
ing industry,  therefore  be  it 

Resolved,  That  it  is  the  sense  of  the  American  Mining  Congress,  in 
meeting  assembled,  that  the  holding  of  an  International  Exposition  in 


60  OFFICIAL  PROCEEDINGS 

1915  on  the  Pacific  coast  will  be  of  great  importance  to  the  mining  in- 
dustry of  the  United  States,  and  therefore  heartily  indorses  the  claims 
of  the  state  of  California  for  federal  recognition  and  asks  that  such  laws 
be  enacted  as  will  recognize  San  Francisco  as  the  logical  point  for 
holding  said  International  Exposition. 

MR.  DORSE Y:  On  the  part  of  the  Committee  on  Resolutions,  Mr. 
Chairman,  I  move  the  adoption  of  the  substitute. 

Said  motion  was  duly  seconded. 

THE  PRESIDENT:  It  has  been  moved  and  seconded  that  the  re- 
port of  the  committee  on  the  substitute  be  adopted.  Any  remarks? 

MR.  SAMPSON:  Mr.  President,  I  am  most  heartily  in  favor  of  that 
resolution.  I  am  contributing  a  little  myself  to  the  end  of  making  that 
a  success,  but  I  wish  to  raise  this  question:  Is  it  not  well  now  to  have 
it  understood  that  all  resolutions  be  adopted  by  this  convention  with  the 
announcement  made  in  advance  that  at  a  certain  time  such  resolutions 
will  be  taken  up  for  discussion?  Now,  there  is  a  very  small  number  of 
the  members  present  here  this  morning,  and  we  are  united  upon  this 
proposition;  but  if  we  let  down  the  bars  now,  it  will  be  easy  to  do  so 
with  anything  else  that  is  to  come  up.  Should  not  there  be  some  speci- 
fied time  named  when  all  resolutions  will  be  taken  up,  so  that  all  can 
be  present,  or  if  they  are  absent,  it  is  their  own  fault? 

MR.  DORSET:  I  will  say  to  my  friend  General  Sampson  that  it 
was  for  that  reason  that  I  just  gave  notice  in  regard  to  the  resolutions 
on  conservation,  as  to  the  time  when  those  resolutions  would  be  con- 
sidered at  the  meeting  of  the  Resolutions  Committee,  so  that  when  they 
are  considered  every  gentleman  interested  might  be  present.  If  they 
neglect  to  appear,  it  is  their  own  fault.  As  chairman  of  the  Committee 
on  Resolutions,  I  must  report  at  such  times  as  I  can  get  the  work  in. 
As  the  general  well  knows,  the  Committee  on  Resolutions  is  a  hard- 
worked  committee,  and  we  are  in  session  continuously,  and  I  must 
report  when  I  can. 

MR.  SAMPSON:  With  that  understanding,  I  am  willing  that  the 
vote  should  be  had  on  this  now. 

THE  PRESIDENT:  The  motion  is  made  and  seconded  that  the  re- 
port of  the  committee  on  the  substitute  be  adopted.  Those  in  favor 
will  signify  by  saying  aye. 

Said  motion  was  duly  carried. 

THE  PRESIDENT:  I  wish  to  say  for  the  benefit  of  those  who  are 
not  here,  as  well  as  for  the  benefit  of  those  who  are  here,  that  this 
Congress  will  have  a  great  many  resolutions  before  the  body  during  the 
next  two  days,  and  it  is  the  duty  of  every  member  and  every  delegate 
interested  in  any  of  these  resolutions,  no  matter  what  they  are,  to  be 
present  at  these  meetings.  It  is  also  their  duty  to  appear  before  the 
Resolutions  Committee  and  to  be  heard  upon  those  resolutions,  and  to 
know  for  themselves  when  those  resolutions  are  to  be  reported  out  of 
the  committee.  They  can  very  easily  ascertain  when  the  resolutions 
are  to  be  reported  out  if  they  are  sufficiently  interested  to  appear  before 
the  committee. 

MR.  DORSEY:  Mr.  President,  I  am  authorized  by  the  Committee 
on  Resolutions  to  report  on  Resolution  No.  17  with  a  favorable  recom- 
mendation. I  will  ask  the  secretary  to  read. 

Resolution  17  read  by  the  secretary. 

MR.  DORSEY:     I  move  the  adoption  of  the  resolution. 

MR.  SAMPSON:     I  second  it. 


AMERICAN  MINING  CONGRESS  61 

THE  PRESIDENT:  The  motion  is  made  and  seconded  that  the 
resolution  as  reported  be  adopted.  I  would  like  to  ask  Mr.  Becker  a 
question.  I  would  like  to  know  what  is  the  probable  estimate  of  the 
cost  of  such  investigation  by  the  American  Mining  Congress. 

MR.  BECKER — Mr.  President,  the  resolution  does  not  go  as  far 
as  that.  My  only  wish  in  bringing  this  matter  up  was  that  it  might  be 
discussed,  as  I  hope  I  shall  have  an  opportunity  to  address  the  Congress 
in  reference  to  it. 

THE  PRESIDENT:  May  I,  with  the  approval  of  the  chairman  of 
the  Resolutions  Committee,  request  Mr.  Becker  at  this  time,  as  a  part 
of  the  discussion  upon  this  resolution,  to  present  his  paper  or  address 
before  this  Congress. 

MR.  DORSE Y:     It  is  perfectly  satisfactory. 

THE  PRESIDENT:  If  there  is  no  objection  on  the  part  of  the 
members  here,  I  would  request  Mr.  Becker  at  this  time  to  deliver  his 
address  upon  this  subject  to  the  members  of  the  Congress,  after  which 
we  will  act  upon  the  resolution. 

MR.  TRACY  C.  BECKER,  of  California:  Mr.  President  and  Gen- 
tlemen of  the  Mining  Congress:  I  thank  you  very  much  for  the  courtesy 
you  have  accorded  to  me  and  I  will  repay  it  by  being  very  brief  indeed, 
notwithstanding  the  fact  that  I  am  a  lawyer  as  well  as  a  mine  owner, 
although  the  latter  on  a  small  scale. 

Some  time  ago  my  attention  was  directed  to  the  matter  of  rates 
for  transporting  ore,  and  I  had  occasion  to  examine  the  schedules  of 
rates  fixed  by  the  various  railroads  in  this  country,  particularly  along 
the  Pacific  coast,  for  carrying  ore.  I  found  what  the  resolution  states 
to  be  the  fact,  that  although  the  risk  in  carrying  ore  which  carries 
reasonably  high  values  is  not  at  all  greater,  and  the  expense  of  carrying 
it  is  not  at  all  greater,  the  charge  is  proportioned,  not  to  the  cost  of 
transportation,  not  to  a  reasonable  earning  for  the  railroads,  which 
will  pay  their  fixed  charges  and  dividends  on  a  reasonable  valuation  of 
their  property,  but  it  is  based  on  what  the  railroad  men  openly  admit 
what  they  think  the  traffic  will  bear.  It  differs  very  greatly  from  any 
other  class  or  kind  of  freight  except  freight  which  is  cassified  with  ref- 
erence to  its  perishable  quality.  Furthermore,  while  there  is  some 
slight  attention  paid  to  the  long  and  short  haul  element  that  enters  into 
these  matters,  that  does  not  receive  attention  and  is  not  regarded  as 
having  a  controlling  weight  or  force  in  determining  the  rates  to  be 
charged.  As  I  said  before,  the  only  criterion  is,  what  will  the  traffic 
bear?  How  much  can  the  man  that  ships  the  ore  afford  to  pay,  out  of 
what  the  kindly  smelter  leaves  him,  at  the  end  of  the  route?  Now,  it 
seemed  to  me  that  that  was  an  anomaly  in  transportation  rates,  and  one 
that  had  been  simply  tolerated,  although  intolerable  in  some  instances, 
because  there  was  no  remedy,  or  none  that  was  available. 

The  Interstate  Commerce  Commission  law  was  amended  at  the  last 
session  of  Congress  after  much  toil  and  turmoil  and  tribulation,  and  is 
in  quite  a  different  form  from  the  form  in  which  it  was  presented  by 
its  original  sponsors,  but  it  has  at  last,  thank  God,  been  amended  and 
fixed  so  that  in  this  country  a  strong,  efficient  and  capable  Interstate 
Commerce  Commission  statute  is  in  force,  with  a  good  Commission  to 
execute  it.  We  had  an  example  of  these  rates  on  the  Pacific  coast  in 
the  case  of  the  citrus  fruit  rates.  When  the  tariff  on  citrus  fruits  was 
raised,  the  railroad  companies  at  once  fixed  their  rates  at  just  the  exact 
amount  in  cents  that  the  tariff  fixed  the  rate  on  the  importation  of  like 
products.  Now,  Gentlemen  of  the  Mining  Congress,  eternal  vigilance 
is  the  price  of  liberty  and  happiness,  and  one  of  the  things  that  prompted 
me  to  offer  this  resolution  here  was  that  principle.  You  cannot  tell 
when,  with  the  varying  impulses  that  the  railroad  corporations  will  have 
to  make  up  for  the  decreases  in  their  rates  in  other  respects,  and  the 
threatened  refusal  of  the  Interstate  Commerce  Commission  to  consent 


62  OFFICIAL  PROCEEDINGS 

to  the  increase  of  rates  that  they  have  attempted  to  make,  the  testimony 
in  regard  to  which  is  now  being  heard  by  the  commission  at  St.  Paul 
and  Chicago,  I  believe — there  is  no  telling  when,  in  order  to  make  up 
for  that,  they  may  not,  on  the  principle  of  asking  all  the  traffic  will 
bear,  push  over  an  advanced  rate  onto  the  mine  owners  and  shippers  of 
ore  bearing  rock  and  concentrates.  So,  it  seemed  to  me  a  wise  propo- 
sition at  least  to  present  a  resolution  to  this  Congress,  in  order  that 
we  might  have  an  opportunity  to  consider  it,  asking  for  the  assignment 
of  a  committee  to  investigate  this  question.  Not  necessarily  to  make 
a  test  case  and  bring  it  before  the  Interstate  Commerce  Commission, 
because  that  committee  may  decide  on  investigation  that  that  is  not 
necessary  or  proper;  not  necessarily  to  go  to  any  cost  or  expense,  be- 
cause I  think  you  can  safely  trust  such  a  conservative  committee  as  the 
one  which  the  chair  will  appoint,  to  be  cautious  in  the  matter  of  expense; 
and  at  least  you  will  have  a  committee  who  can  investigate  this  im- 
portant question,  and  protect  the  mine  owners  of  this  country,  repre- 
sented by  you,  against  any  advance  in  rates,  if  they  do  not  succeed  in 
securing  a  reduction.  The  state  of  Nevada  two  years  ago  passed  a  law 
creating  a  railroad  commission,  and  giving  it  the  power  to  fix  certain 
rates.  A  maximum  rate  scale  was  fixed  in  the  statute,  varying  to  a 
certain  extent  with  the  value  of  the  shipment.  Immediately  the  rail- 
roads got  up  a  test  case  and  went  before  the  United  States  Circuit  court, 
presided  over  by  His  Honor  Edward  S.  Farrington,  United  States  Dis- 
trict Judge  for  the  district  of  Nevada,  and  made  a  valiant  fight,  pro- 
ducing their  experts  from  all  over  the  country  against  this  bill,  claiming 
that  it  was  confiscatory.  Judge  Farrington  considered  the  various 
forms  of  testimony  that  were  offered  and  received  at  great  length.  His 
opinion  is  reported  in  the  Federal  Reporters.  He  reached  the  conclusion 
that,  with  the  single  exception  of  one,  the  Short  Line  railroad,  in  which 
case  perhaps  the  rates  were  a  little  too  low,  the  maximum  rates  fixed 
by  the  statute  were  not  open  to  attack  as  being  unconstitutional,  con- 
trary to  the  life,  liberty  and  property  clause  of  the  United  States  consti- 
tution, and  were  not  confiscatory,  and  that  even  at  the  maximum  rates, 
or  even  lower  rates  than  the  maximum  rates,  which  might  thereafter  be 
fixed  by  the  commission,  they  afforded  a  reasonable  profit  to  the  rail- 
roads for  the  work  done,  proportioned,  not  on  the  theory  of  what  the 
traffic  will  bear,  but  proportioned  upon  the  rule  of  a  just  and  fair  com- 
pensation for  services  rendered,  and  affording  a  fair  return  for  the 
money  invested  and  the  cost  of  operation. 

Now,  gentlemen,  I  have  said  about  all  I  have  to  say,  except  that 
with  reference  to  this  Nevada  law  at  the  session  last  year  the  maximum 
clause  was  repealed,  leaving  it  entirely  in  the  discretion  of  the  commis- 
sion to  fix  rates.  They  have  not  yet  acted,  because,  as  stated  in  a  letter 
which  I  received  this  morning  from  the  commission,  the  intra-state 
shipments,  that  is,  the  shipments  within  the  borders  of  the  state  of 
Nevada,  are  comparatively  small,  and  do  not  amount  to  much,  the  prin- 
cipal shipments  of  course  being  from  various  points  in  Nevada  to  the 
smelters  in  California  and  Utah,  and  it  is  not  a  question  for  the  State 
Railroad  Commission  to  fix  such  rates,  but  for  the  Interstate  Commerce 
Commission  of  the  United  States.  Now,  there  is  little  that  I  can  add 
to  what  has  been  said.  It  is  an  important  proposition,  whether  or 
not,  it  is  worth  while  at  this  time  to  commit  this  subject  to  a  committee 
for  investigation.  It  has  seemed  to  me  that  it  was,  and  it  seemed  to  me 
that  a  committee,  which  could  merely  investigate,  without  going  any 
further  than  simply  getting  the  information,  would  be  unnecessarily 
and  improperly  delimited  in  its  powers,  so  that  its  action  would  not  be 
effective.  I  thank  you,  Mr.  President  and  gentlemen,  for  the  courtesy 
of  your  attention.  (Applause.) 

THE  PRESIDENT:  The  motion  is  on  the  adoption  of  the  report 
of  the  committee.  Any  remarks? 

MR.  EVANS,  of  Utah:  Mr.  President  and  Gentlemen  of  the  Con- 
gress: I  have  no  doubt  that  this  is  a  proper  subject  for  investigation. 


AMERICAN  MINING  CONGRESS  63 

Neither  have  I  any  doubt  that  the  railroad  companies  have  abused  the 
question  of  freight  rates  in  the  way  of  putting  different  valuations  upon 
different  classes  of  ore.  The  only  question  in  my  mind  is  this,  as  to 
whether  this  congress  should  set  the  precedent  of  referring  a  matter  of 
this  kind  to  a  committee  with  power  to  expend  money  in  its  investiga- 
tion. As  I  understand  this  resolution,  not  only  is  there  a  committee 
to  be  appointed,  but  it  is  empowered  to  appropriate  money  for  this  in- 
vestigation and  hire  lawyers.  Isn't  that  the  fact,  Mr/President? 

THE  PRESIDENT:     That  is  the  purport  of  the  resolution. 

MR.  EVANS:     Are  there  any  precedents  along  those  lines? 

THE  PRESIDENT:  I  can  say  for  the  information  of  the  gentle- 
man, that  all  expenditures  of  money,  whether  by  committee  or  otherwise, 
must  be  approved  by  the  Executive  Committee  and  the  Auditing  Com- 
mittee; and  no  matter  what  resolution  may  be  passed  by  this  Congress, 
no  moneys  will  be  expended  except  upon  authorization  of  the  Executive 
Committee. 

MR.  THOMPSON,  of  California:  Mr.  President,  I  am  very  heart- 
ily in  favor  of  this  resolution,  and  perhaps  I  may  be  able  to  give  a  little 
light  on  the  subject  from  an  experience  that  I  have  recently  had  in 
Mexico.  The  Mexican  government,  with  rare  wisdom,  provided  in  the 
granting  of  charters  for  the  construction  of  railways  the  very  thing 
which  we  are  fighting  for;  that  is  to  say,  that  no  man  should  be  charged 
any  more,  whether  he  shipped  one  carload  or  a  thousand,  than  another 
man,  and  that  the  absolute  control  of  rates,  so  far  as  was  necessary,  in 
case  of  an  arbitrary  charge,  be  provided  for  in  the  charter;  so  that 
in  that  particular  the  Mexican  government  could  teach  us  a  little  some- 
thing. I  was  shipping  ore  from  a  station  not  far  from  Torreon,  and  they 
were  charging  us  $2.80  a  ton.  The  law  provides,  as  I  have  stated,  that 
no  man  should  be  charged  more  than  his  neighbor.  I  found  that  the 
American  Smelting  and  Refining  company,  was  shipping  ore  over  the 
same  road,  the  same  distance,  for  60  cents  a  ton.'  I  happened  to  know 
the  manager  of  the  railway  very  well,  meeting  him  at  the  club,  and  I 
sajd  to  him,  "I  want  to  have  an  appointment  with  you  when  I  can  meet 
you  in  your  office.  You  had  better  get  your  shotgun  ready,  because  it 
is  going  to  be  a  warfare  proposition."  He  said,  "All  right,  I  will  meet 
you  at  2  o'clock."  So  I  went  up  there,  and  I  didn't  ask  him  whether  it 
was  true,  but  I  made  the  statement  that  they  were  shipping  ore  for 
the  American  Smelting  and  Refining  company  at  60  cents  a  ton, 
whereas  I  was  called  upon  to  pay  $2.80,  and  that  could  not  be  done 
fcunder  the  law.  Well,  he  said  that  was  a  special  rate  made  for  the 
benefit  of  those  people  on  some  very  low  grade  ore.  I  asked  him  what 
was  the  value  of  the  ore  and  he  said  not  to  exceed  $30  a  ton.  I  said, 
"Then  why  do  I  have  to  pay  $2.80?"  He  said,  "Because  your  ore  is 
much  higher  grade."  I  said,  "Then  I  am  called  upon  to  pay  this  exces- 
sive charge  for  insurance — is  that  it?"  He  said,  "Well,  it  is  practically 
so."  I  said,  "I  am  willing  to  risk  our  ore  at  $30,  and  if  you  lose  a  car  of 
ore,  all  you  will  have  to  pay  me  will  be  $30  a  ton,  and  then  I  want  that 
60  cent  rate."  And  we  got  it.  Now,  in  shipping  ore  in  this  country 
you  will  be  absolutely  turned  down  upon  that  same  proposition;  the 
railroads  would  not  consent  to  reducing  the  rate  on  your  releasing 
them  from  liability.  They  would  still  insist  upon  charging  the  other 
rate,  because  they  would  take  the  ore  and  have  it  assayed  themselves, 
and  fix  the  charge  upon  the  value  of  the  ore,  charging  all  that  the 
traffic  would  bear.  The  Southern  Pacific  road,  as  most  of  us  know, 
had  bulletins  that  they  had  posted  in  their  stations,  ore  of  a  value  of 
a  certain  amount,  so  much  a  ton,  and  a  certain  other  amount  so  much 
a  ton,  and  so  on.  Now,  that  was  an  absolute  publication  of  their  rate 
here.  'My  opposition  to  it  is  that  it  is  eminently  unfair,  and  without  any 
return  rendered  for  it.  I  thank  you.  (Applause.) 

MR.  WRIGHT,  of  Nevada:  Mr.  Chairman,  it  seems  to  me  that 
this  matter  might  be  taken  up  by  this  committee  with  the  Interstate 


64  OFFICIAL  PROCEEDINGS 

Commerce  Commission,  whose  duty  it  is  to  look  after  this  very  ques- 
tion of  rates. 

THE  PRESIDENT:  I  will  say  that  the  purport  of  this  resolution 
is  that  it  shall  be  taken  up  with  the  Interstate  Commerce  Commission 
by  the  committee. 

MR.  WRIGHT:     It  will  save  this  convention  expense. 

THE  PRESIDENT:     That  is  the  import  of  the  resolution. 

MR.  EVANS:     You  authorize  the  committee  to  employ  counsel? 

THE  PRESIDENT:  It  authorizes  the  committee  to  employ  coun- 
sel and  carry  on  an  investigation,  so  that  the  information  which  is 
given  to  the  Interstate  Commerce  Commission  will  be  authentic  and 
be  adequate  to  meet  the  situation. 

MR.  DORSET:  But  no  expense  will  be  incurred  unless  author- 
ized by  the  Finance  Committee  of  this  Congress. 

THE  PRESIDENT:  I  might  state  as  a  general  proposition,  for 
the  benefit  of  the  members  and  delegates  at  this  time,  that  the  Amer- 
ican Mining  Congress  is  an  incorporated  body,  and  that  the  business 
of  the  Congress  is  conducted  by  the  membership,  and  the  membership 
has  a  board  of  directors  which  controls  the  business  of  the  Congress, 
and  no  expenditure  of  money  or  appropriation  of  money,  nor  any  col- 
lection of  money,  can  be  had  without  the  sanction  and  action  of  the 
board  of  directors  of  the  legally  incorporated  body,  the  American 
Mining  Congress. 

MR.  EVANS:  I  understand  that,  but  as  I  understand  it  now  this 
is  a  committee  which  asks  for  authority  from  this  Congress  to  employ 
lawyers  and  incur  expense.  Now,  while  it  may  not  be  a  legal  charge 
or  liability  upon  the  organization  or  corporation,  yet  as  a  matter  of 
honor,  if  we  authorize  it  we  ought  to  pay  it.  I  would  like  to  have  that 
read  again  on  that  point. 

MR.  BECKER:  How  would  it  be,  to  meet  any  objections  that 
might  be  raised  in  that  behalf,  to  add  a  specific  clause  by  amendment, 
which  I  now  do  with  the  consent  of  the  chairman  of  the  Committee  on 
Resolutions,  that  no  expense  shall  be  created  by  this  committee  without 
the  approval  and  warrant  of  the  board  of  directors  of  the  Mining  Con- 
gress. I  wish  to  offer  that.  i 

Said  motion  was  duly  seconded. 

MR.  DORSET:  Mr.  Chairman  and  Gentlemen,  this  is  entirely  un- 
necessary. This  is  simply  a  recommendation  to  the  body  of  the  Con- 
gress, and  it  will  be  up  to  them  to  say  whether  they  shall  incur  any 
expense  or  not.  If  they  do  not  wish  to  employ  an  attorney  or  to  ex- 
pend any  money  to  collect  this  information,  they  will  not  do  so.  I 
can  assure  you  that  it  is  not  likely  there  will  be  a  dollar  of  expense 
incurred. 

THE  PRESIDENT:  The  amendment  is  made  and  seconded  that 
the  resolution  be  so  amended  as  to  read  that  no  expense  shall  be 
created  by  this  committee  without  the  approval  and  warrant  of  the 
board  of  directors  of  the  American  Mining  Congress.  Are  you  ready 
for  the  question?  All  in  favor  of  the  amendment  signify  by  saying  aye. 

Said  motion  was  unanimously  carried. 

THE  PRESIDENT:  The  motion  is  now  upon  the  resolution  as 
amended.  All  those  in  favor  of  the  resolution  as  amended  will  signify 
by  saying  aye. 

Said  motion  was  unanimously  carried. 


AMERICAN  MINING  CONGRESS  65 

Resolution  No.  17,  as  amended  and  adopted,  will  be  found  on 
page  179. 

THE  PRESIDENT:  The  next  address  on  the  program  for  this 
morning  is  by  a  gentleman  who  is  not  present,  Hon.  Frank  Mondell, 
Congressman  from  Wyomiirg.  We  have  a  communication  from  Con- 
gressman Mondell  which  the  secretary  will  read  at  this  time. 

The  secretary  then  read  the  communication  from  Mr.  Mondell, 
which  will  be  found  on  page  289  of  this  report. 

THE  PRESIDENT:      The  next  address  on  the  program  is  by  Mr. 
C.  C.  Jones,  of  Los  Angeles,  California,  on  "Iron  Ores  of  the  Southwest." 
Mr.  Jones'  address  will  be  found  on  page  265  of  this  report. 

THE  PRESIDENT:  Is  there  any  other  business  to  come  before 
this  session? 

MR.  THOMPSON:  I  was  going  to  suggest  that  it  might  be  well  to 
extend  our  thanks  to  Mr.  Mondell  for  his  very  nice  letter,  which  is  in- 
structive as  well. 

THE  PRESIDENT:      A  motion  to  that  effect  is  in  order. 

MR.  THOMPSON:  I  move  that  the  secretary  be  instructed  to  send 
the  thanks  of  this  organization  to  Mr.  Mondell  for  his  able  letter. 

Said  motion  was  duly  seconded  and  put,  and  unanimously  carried. 

THE  PRESIDENT:  If  there  is  no  further  business  we  will  ad- 
journ until  2  o'clock  this  afternoon. 


WEDNESDAY,   SEPTEMBER  28,    1910. 

Afternoon  Session. 

THE  PRESIDENT:  The  Congress  will  please  come  to  order.  Are 
there  any  resolutions  to  be  introduced  at  this  time? 

SECRETARY  NORMAN:  The  California  delegation  met  at  noon 
at  the  Alexandria  hotel,  and  elected  Mr.  T.  A.  O'Donnell  president, 
and  myself  secretary  of  that  delegation.  The  following  resolution  for 
submission  to  this  Congress  was  unanimously  adopted: 

Said  resolution  was  then  read  and  referred  to  the  Committee  on 
Resolutions,  being  No.  26,  as  follows: 

Resolution  No.  26. 

This  Congress  recognizes  that  the  United  States  government,  in 
its  dealings  with  the  mineral  lands,  and  the  miners  operating  thereon, 
has  uniformly  treated  the  subject  along  broad  and  equitable  lines,  and 
that  those  who,  pursuant  to  the  invitation  of  the  government,  have 
explored  the  mineral  lands,  discovered  mineral  therein  and  in  good 
faith  developed  the  same,  have  almost  uniformly  been  protected  in 
their  rights. 

In  this  connection  attention  is  called  to  certain  recent  rulings  of 
the  Land  Department,  that  are  inconsistent  with  the  previous  rulings 
of  the  department,  and  the  decisions  of  the  courts,  under  which  recent 
rulings  associations  of  persons  who  have  entered  upon  oil  and  other 
mineral  lands  in  good  faith,  explored  and  developed  the  same  and  dis- 
covered oil  therein,  have  been  denied  patents,  where  prior  to  discovery 
and  frequently  for  the  purpose  of  raising  money  for  development  pur- 
poses certain  of  the  locators  had  conveyed  their  interests  so  that  there 
were  at  the  time  of  discovery  less  than  eight  locators  interested  in 
such  claim. 


66  OFFICIAL  PROCEEDINGS 

Previous  to  these  recent  rulings,  it  had  been  uniformly  held  by 
the  courts  and  by  the  department,  where  the  laws  had  been  complied 
with,  and  mineral  or  oil  discovered,  that  such  locators  or  their  suc- 
cessor or  successors  in  interest,  were  entitled  to  patents. 

These  recent  rulings,  if  adhered  to,  would  destroy  many  invest- 
ments made  in  good  faith,  impair  mining  titles,  and  destroy  the  confi- 
dence of  investors  in  such  titles.  We  therefore  urge  immediate  legis- 
lative and  departmental  action  to  the  end  that  all  such  property  rights 
shall  be  protected,  and  where  through  bona  fide  locators  and  not  dum- 
mies and  in  accordance  with  the  previously  established  customs  of  the 
miners,  the  previous  rulings  of  the  department,  and  the  decisions  of 
the-  courts,  the  titles  to  such  claims  are  honestly  vested,  the  patents 
shall  be  issued  therefor  without  denial  or  delay. 

THE  PRESIDENT:  Any  reports  of  committees?  The  first  ad- 
dress this  afternoon  is  entitled  "Railroads  and  Mining  Development," 
by  Mr.  James  W.  Abbott,  of  Pioche,  Nevada. 

MR.  ABBOTT:  Mr.  President,  Ladies  and  Gentlemen:  I  have 
always  found  that  the  only  way  in  which  I  could  say  just  the  things 
I  had  intended  to  say,  and  omit  the  things  I  did  not  wish  to  say,  was  to 
prepare  a  paper  and  stick  to  my  text.  It  is  possible  that  I  may  break 
out  once  or  twice  this  afternoon,  but  I  will  try  to  stick  to  my  text  and 
get  through  briefly.  I  do  not  mean  that  this  address  shall  contain 
nearly  as  many  things  as  I  have  in  my  mind  that  I  might  like  to  say, 
if  there  were  an  unlimited  time. 

Mr.  Abbott's  address  will  be  found  on  page  278  of  this  report. 

THE  PRESIDENT:  I  would  like  to  inquire  if  Mr.  H.  LeRoy  Boyd 
is  in  the  hall.  (No  response.)  The  next  address  on  the  program  is 
one  of  extreme  interest.  It  is  entitled  "The  Elimination  of  The  Fake 
Promoter."  I  am  sure  that  the  gentleman  who  is  to  address  you  on 
this  subject  needs  no  introduction  to  a  California  audience.  He  has 
been  introduced  to  a  great  many  gentlemen  who  did  not  care  to  meet 
him,  but  I  am  sure  on  this  occasion  everyone  in  this  hall  will  be  very 
glad  to  listen  to  this  address  by  Mr.  Lewis  E.  Aubury,  of  San  Fran- 
cisco, California. 

MR.  AUBURY:  Mr.  President,  Ladies  and  Gentlemen:  Knowing 
that  there  were  quite  a  number  of  very  interesting  papers  to  be  read 
at  the  present  Congress,  and  also  that  sufficient  time  ought  to  be  given 
for  the  discussion  of  some  of  these,  I  have  endeavored  to  make  my 
article  as  brief  as  possible.  The  subject  has  been  boiled  down  to  th-3 
lowest  possible  amount  of  space,  and  I  will  try  to  give  you  my  views 
as  to  the  best  method  for  the  correction  of  an  evil  from  which  the  whole 
mining  and  Western  states  have  suffered  greatly;  that  is,  the  mining 
faker  or  fraudulent  promoter,  the  man  who  attempts  to  rob  the  widow, 
the  orphan,  and  the  poor  people  in  general. 

Mr.  Aubury 's  address  will  be  found  on  page  274  of  this  report. 

THE  PRESIDENT:  The  -address  by  Mr.  Clark  Ross  Mahan  has 
been  postponed  until  tomorrow,  owing  to  the  fact  that  Mr.  Mahan  is 
not  able  to  be  present  today.  Also  the  report  of  the  Committee  on  the 
Protection  of  Mine  Investors,  by  Thomas  E.  Kepner,  will  be  postponed 
until  tomorrow. 

I  wish  to  announce  that  the  Chamber  of  Mines  and  Oils  of  Los 
Angeles  have,  at  their  building,  224  South  Spring  street,  a  very  excel- 
lent exhibit  of  minerals  and  ores,  and  the  delegates  and  members  at- 
tending the  Mining  Congress  are  invited  to  go  to  their  buildin?,  tbe 
first  floor,  No.  224  South  Spring  street,  and  inspect  that  exhibit.  I 
am  sure  it  is  well  worth  your  time.  We  expect  this  afternoon  to 
close  this  session  early  to  give  you  an  opportunity  to  visit  the  Chamber 
of  Mines  and  Oils  for  that  purpose.  Are  there  any  further  resolutions 
to  be  offered  at  this  time? 


AMERICAN  MINING  CONGRESS  67 

MR.  W.  A.  MENSCH,  of  Arizona:  Mr.  President,  I  should  like  to 
offer  the  following  resolution,  which  I  shall  precede  with  a  short 
explanatory  statement  so  as  to  make  the  matter  clear  to  the  delegates. 

It  will  possibly  be  a  surprise  to  many  of  you  to  know  that  there 
has  been  incorporated  in  the  United  States,  for  the  advancement  of 
American  progress,  what  is  known  as  "The  United  States  Agricultural 
and  Industrial  Exposition  Co." 

This  company  has  been  chartered  to  establish  and  hold  a  per- 
manent United  States  National  Fair,  which  is  intended  to  be  a  truly 
representative  agricultural  and  industrial  exposition.  It  is  a  fact  that 
Canada,  our  neighbor  on  the  north,  has  had  such  a  fair  in  successful 
operation  for  a  number  df  years,  and  the  people  of  that  country  have 
been  greatly  benefited  thereby  in  all  their  industries,  and  especially 
that  of  mining. 

It  is  desired  by  those  having  in  charge  this  fair  to  secure  the 
sanction  of  the  American  Mining  Congress,  and  I  therefore  offer  the 
following  resolution: 

Resolution  No.  27. 

Therefore  Be  It  Resolved:  That  the  American  Mining  Congress 
in  session  assembled  at  their  13th  Annual  Session  in  the  City  of  Los 
Angeles,  California, 

Do  hereby  pledge  their  hearty  co-operation  to  those  who  have  in 
charge  this  permanent  National  Fair,  realizing  most  fully  the  benefits, 
that  will  come  to  all  our  industries  and  especially  Mining,  and  the 
produces  of  the  Pacific  coast,  and  Middle  West. 


WEDNESDAY,  SEPTEMBER  28,  1910. 

Evening  Session. 

PRESIDENT  BUCKLEY:  I  think  I  have  a  most  distinguished 
honor  tonight,  and  that  is  the  privilege  of  introducing  for  the  first 
time  to  the  American  Mining  Congress  the  first  Director  of  the  Bureau 
of  Mines.  The  Director  of  the  Bureau  of  Mines  really  needs  no  intro- 
duction to  the  members  of  the  American  Mining  Congress  or,  in  fact, 
to  anyone  who  may  be  engaged  in  the  mining  industry.  Dr.  J.  A. 
Holmes  is  well  known  throughout  this  country.  He  is  the  friend  of 
the  mining  man,  and  he  has  been  a  friend  of  the  American  Mining 
Congress,  and  we  are  under  great  obligations  to  Dr.  Holmes  for  the 
many  things  he  has  done  to  contribute  to  the  success  of  this  organiza- 
tion. I  take  great  pleasure  in  introducing  to  you  this  evening,  Dr. 
J.  A.  Holmes  of  Washington,  the  first  Director  of  the  Bureau  of  Mines. 
(Great  applause.) 

DR.  HOLMES:  Mr.  President,  Ladies  and  Gentlemen,  Members 
of  the  American  Mining  Congress:  I  did  not  realize  until  this  af- 
ternoon what  an  ignorant  body  of  fellows  these  mining  engineers 
are.  I  went  out  with  a  company  of  them  to  see  the  tar  lake,  a  few 
miles  west  of  Los  Angeles,  and  not  one  of  them  had  ever  heard  the 
story  of  the  tar  baby  and  the  rabbit,  and  therefore  they  could  not 
realize  how  it  was  the  rabbit  would  strike  the  baby  and  stick  one  hand, 
and  then  the  other  hand,  and  then  one  foot,  and  the  other  foot,  and 
then  get  stuck  for  all  time,  like  some  people  do  in  mining  operations. 
(Laughter.)  Therefore  they  could  not  appreciate  how  it  was  in  this 
wonderfully  interesting  and  strange  lake  located  near  Los  Angeles, 
there  are  many  animals  that  live  today,  as  well  as  animals  that  lived 
a  thousand  years  ago,  having  been  buried  in  the  same  cemetery,  and 
their  remains  are  to  be  found  there  at  the  present  time.  For  that 
reason  I  have  revised  the  speech  I  was  going  to  make,  and  have  added 
certain  elemental  things,  so  as  to  help  these  gentlemen  to  understand 
something  about  the  tar  baby  and  the  tar  lake,  and  in  order  to  be 


68  OFFICIAL  PROCEEDINGS 

clear,  and  to  be  sure  that,  as  the  work  of  the  Bureau  of  Mines  pro- 
gresses from  year  to  year,  if  I  may  be  so  fortunate  as  to  continue  my 
connection  with  it,  they  cannot  say  to  me,  "Yes,  you  said  you  were 
going  to  do  this,  and  you  said  you  were  going  to  do  that,  and  you 
said  you  were  going  to  do  the  other  thing,  and  you  have  not  done  any 
of  them,"  I  have  written  down  the  things  that  I  am  going  to  try  to  do. 
And  so,  if  I  may  read  any  part  of  these  remarks  I  will  assure  that  the 
manuscript  is  not  as  large  as  it  seems  to  be,  and,  as  I  understand  from 
the  President  of  the  American  Mining  Congress,  after  I  have  finished 
we  are  to  have  a  free  for  all  discussion  as  to  the  things  that  they  are 
going  to  insist  the  Bureau  of  Mines  shall  do. 

Dr.  Holmes'  address  will  be  found  on  page  219  of  this  report. 

PRESIDENT  BUCKLEY:  I  have  asked  Dr.  Christy  of  the  State 
University,  the  dean  of  the  School  of  Mines,  to  make  a  few  remarks. 
I  have  not  given  Prof.  Christy  any  particular  subject,  nor  have  I 
given  any  of  the  meri  that  are  to  follow  him  a  particular  subject,  so 
that  they  are  free  to  say  anything  they  please  to  you.  I  have  pleasure 
in  introducing  Dr.  Christy.  (Applause.) 

Dr.  Christy's  address  will  be  found  on  page  247  of  this  report. 

PRESIDENT  BUCKLEY:  The  next  speaker  on  the  program  for 
this  evening  is  a  gentleman  who  has  been  invited  especially  to  address 
you.  I  wish  to  introduce  to  you  Dr.  David  T.  Day  of  the  United  States 
Geological  Survey. 

DR.  DAY:  Mr.  President,  Ladies  and  Gentlemen:  I  regret  very 
deeply  that  my  first  duty  here  is  to  differ,  very  seriously,  in  the  first 
speech  of  congratulations  which  I  can  make,  with  all  my  heart,  to  the 
new  director  of  the  Bureau  of  Mines,  but  I  feel  that  I  should  combat, 
very  vigorously,  what  Prof.  Holmes  has  said  about  Bre'r  Rabbit  and 
the  tar  baby.  It  is  perfectly  true  that,  originally,  tar  was  used  in  this 
country  for  ensnaring  animals,  but  Prof.  Holmes  ought  to  know  that 
that  time  has  passed,  and  that  at  the  present  time  the  people  of  the 
Pacific  coast,  and  especially  those  of  Los  Angeles,  have  adopted,  as  a 
modern  adhesive,  honey.  (Laughter.) 

More  than  twenty  years  ago  I  came  out  here,  and,  life  Bre'r  Rab- 
bit, I  had  one  hand  thoroughly  stuck.  I  came  out  to  study  tar,  that 
is  asphalt  and  bituminous  rock,  which  were  then  just  becoming  an 
industry  here,  and  from  which  we  have  learned  many  lessons  in  the 
East.  Asphalt  was  the  great  bituminous  product  then  instead  of  oil. 
At  that  time  I  came  to  Los  Angeles  and  got  one  hand  stuck  in  the 
honey;  a  little  later  I  came  out  again  to  study  the  quicksilver  deposits 
from  a  statistical  point  of  view,  and  I  got  the  other  in  very  deep;  and 
later  I  got  both  feet  settled  here,  and,  in  sympathy  at  least,  forever, 
and  I  undertook  the  problem  of  teaching  the  gospel  of  by-products  at 
the  Portland  Exposition.  Prof.  Richards  and  I  were  directed  to  see 
what  unused  minerals  could  be  found  in  the  heavy  sands  of  your 
sea  coast. 

It  is  a  very  great  gratification  to  learn  that  I  have  been  wrong 
in  supposing  that  the  people  of  California  had  not  come  to  the  stage 
where  the  gospel  of  by-products  is  welcome.  We  have  had  evidence 
of  that  this  afternoon  in  an  admirable  paper  by  Mr.  Jones  in  which  he 
referred  to  the  success  which  has  come  to  an  electric  furnace  in  Shasta 
county,  California.  It  was  interesting  to  have  Prof.  Lyon,  the  metal- 
lurgist of  that  plant,  state  to  me  that  when  he,  as  the  professor  of 
metallurgy  in  Leland  Stanford  University,  was  called  to  become  the 
consulting  expert  of  our  little  smelting  plant  at  the  Portland  Exposi- 
tion, he  had  never  smelted  iron,  he  had  never  seen  an  electric  furnace 
smelting  iron  in  operation,  although  he  had  smelted  copper.  The 
plans  which  he  laid  out  and  which  were  carried  out  by  his  assistants 
there,  by  which  we  made  pig  iron  and  converted  some  of  it  into  steel 
enthused  him,  although  the  experiments  were  small.  The  furnace  for 


AMERICAN  MINING  CONGRESS  69 

smelting  sand  to  pig  iron  had  a  capacity  of  a  ton  a  day.  But  a  steel 
gasoline  barrel  was  what  we  made  our  electric  furnace  out  of.  That  is, 
the  little  tilting  furnace  by  which  we  refined  our  pig  Iron.  That  gives 
you  an  idea  of  the  size  of  that  furnace.  Nevertheless,  we  made  some- 
where about  ten  tons  of  pig  iron  there  and  converted  some  of  it  over 
into  pretty  good  steel.  It  enthused  Prof.  Lyon  enough  to  make  him 
want  to  give  up  his  professorship  and  go  into  the  smelting  of  iron  with 
the  Nobles  at  Shasta,  in  California,  and  you  know  that  they  solved  the 
question  of  commercial  smelting. 

Coming  in  here  on  the  train  the  other  morning  and  noting  the 
difference  between  the  industrial  looks  of  things  now  and  what  they  were 
twenty  years  ago  and  seeing  the  gospel  of  by-products,  or,  as  called  by 
a  better,  if  not  a  particularly  shorter  term,  diversified  industries 
being  developed  from  the  very  outskirts  of  your  great  city  until  you 
reach  the  center;  to  see,  from  the  train,  the  manufacture  of  briquettes 
and  various  other  things,  as  by-products  from  your  oil,  it  is  perfectly 
evident  that  the  great  energy  with  which  you  have  developed  this 
city,  combined  with  the  wonderful  thrift  and  ability  which  you  have 
displayed,  will  insure  your  future  growth.  Diversified  industries,  I 
believe,  will  have  their  growth  in  this  part  of  the  state,  and  we  can  look 
forward  to  such  a  development  as  will  bring  into  play  all  of  the  varied 
smaller  minerals  which  go  to  make  up  a  complete  and  successful  com- 
munity. It  is  that  thought,  and  the  prospect  of  what  may  thus  be 
accomplished  that  makes  it  a  great  pleasure  to  me  to  act  in  hearty 
sympathy  with  the  Bureau  of  Mines  in  urging  them  to  carry  forward 
as  promptly  and  as  thoroughly  and  persistently  as  may  be  the  de- 
velopment of  those  diversified  industries  in  this  great  community. 
(Applause.) 

PRESIDENT  BUCKLEY:  The  last  speaker  of  the  evening  is  a 
gentleman  whom  all  the  people  of  Los  Angeles  know,  who  is  well  known 
in  California  and  In  the  East  and  in  New  Mexico.  I  wish  to  introduce 
Captain  Thompson,  who  will  now  say  a  few  words  to  you  in  closing  the 
evening  exercises. 

CAPTAIN  THOMPSON:  Ladies  and  Gentlemen:  The  custom,  I 
think,  of  most  of  the  gentlemen  who  preceded  me  has  been  to  forward 
their  addresses  to  the  president  about  three  weeks  in  advance,  but 
you  have  kind  of  "got  me"  this  time.  He  told  me  a  few  minutes  ago 
that  they  were  going  to  call  on  me  for  some  remarks.  I  know  that 
before  me  are  a  number  of  practical  mining  men,  and  I  am  going  to 
give  a  little  bit  of  history. 

In  about  1895  I  happened  to  be  in  Spokane,  having  .lust  come 
down  from  Montana,  and  had  gone  into  British  Columbia  and  acquired 
some  interests  and  was  beginning  to  operate,  and  from  the  different 
and  varied  rulings  that  had  come  out  from  the  land  office  pertaining 
to  the  mining  industry,  we  saw  the  necessity  for  what  we  aspired  to 
have —  a  department  of  mines;  so  we  started  out  and  organized  a  little 
company,  and  Mr.  G.  B.  Dennis  was  really  the  starter  of  it  and  became 
the  first  president  of  what  we  styled  the  Northwest  Mining  Association, 
and  in  1895,  if  I  remember  correctly,  we  had  the  first  banquet  given 
in  that  country  at  the  hotel  Spokane,  at  which  our  friend  Doctor  Day, 
I  believe,  was  present.  One  of  the  things  we  did  there  was  to  pass  a 
resolution  asking  the  gentlemen  down  at  Washington,  the  members 
of  the  Congress  of  the  United  States,  to  take  the  matter  up  and  see 
whether  it  could  not  be  recognized  as  a  department  of  the  government, 
as  we  were  second  in  importance  to  agriculture,  that  being  first,  and 
the  mining  industry,  as  an  industry,  was  second  in  importance  in  the 
country. 

Well,  it  has  been  said  that  in  the  arts  the  sculptor  conceives  an 
idea  and  he  wants  to  image  that  in  marble.  He  does  not  take  a  block 
of  marble  and  go  at  it  with  his  hammer  and  chisel,  but  he  takes  a  clay 
which  is  plastic  and  he  creates  this  model  in  clay,  and  if  it  doesn't  suit 
him,  the  lines  are  not  quite  right,  he  mashes  it  up  and  makes  it  over, 


70  OFFICIAL  PROCEEDINGS 

and  so  he  goes  on  and  molds  it  over  and  over  with  plastic  material 
until  at  last  he  has  created  the  object  of  his  ideal,  and  he  has  brought 
out  the  statue  which  he  is  going  to  put  into  perpetual  marble,  and  he 
then  starts  to  hew  the  stone  and  to  bring  about  that  perfect  work  of 
beauty  which  mankind  admire.  Now,  we  were  only  modeling  a  little 
bit  of  clay  at  that  time,  but  it  was  followed  throughout  the  country. 
They  had  another  organization  started  up  in  San  Francisco.  Finally 
all  these  things  together  crystallized  into  what  we  are  very  proud  to 
belong  to — the  American  Mining  Congress.  Now,  that  showed  us  also 
that  in  union  there  was  strength,  because  it  finally  took  its  shape  in 
the  American  Mining  Congress,  it  received  support  from  all  over  the 
country,  and  the  continual  pounding  away  down  in  Washington  did  not 
result  in  getting  a  department  of  mines,  to  which  this  great  industry 
is  entitled,  but  it  did  get  us  a  bureau  of  mines,  and  we  have  all  been 
delighted  to  hear  the  first  Director  of  the  Bureau  of  Mines,  who  has 
read  a  paper  to  us  here  showing  his  conception  of  the  duties  that  would 
devolve  upon  him  as  the  director  of  that  bureau.  I  am  going  to  ask 
him  to  keep  that;  I  hope  it  may  be  published  so  that  I  may  have  a 
copy  to  put  away,  because  in  about  eight  or  ten  years  from  now,  and 
probably  in  three  or  four,  I  want  to  ask  the  Doctor  how  near  his  proph- 
ecies of  tonight  came  to  the  truth.  Why,  gentlemen,  the  Bureau  of 
Mines  will  take  on  a  magnificent  importance,  that  will  be  so  far  beyond 
what  he  has  talked  about  tonight  that  this  is  only  a  stepping  stone, 
and  you  are  going  to  have  a  department  of  mines  just  as  surely  as  this 
gentleman  has  been  appointed  Director  of  the  Bureau  of  Mines.  (Ap- 
plause.) 

PRESIDENT  BUCKLEY:  There  is  nothing  further  on  the  pro- 
gram this  evening,  and  the  Congress  will  now  stand  adjourned  until 
ten  o'clock  tomorrow  morning. 


THURSDAY,  SEPTEMBER  29,  1910. 
Morning  Session. 

PRESIDENT  BUCKLEY:  The  Congress  will  please  be  in  order. 
The  secretary  has  some  announcements  to  make. 

SECRETARY  NORMAN:  I  have  a  resolution  introduced  by  Will- 
iam M.  Fitzhugh  of  Wyoming,  which  reads  as  follows: 

Resolution  No.  28. 

(Introduced  by  Wm.  M.  Fitzhugh  of  Wyoming.) 
Whereas,  Oil  lands  have  been  classed  as  placers,  necessitating  dis- 
covery in  order  to  perfect  a  location,  and  a  large  amount  of  time  and 
money  is  generally  necessary  in  order  to  establish  such  discovery  by 
reason  of  the  geological  conditions  pertaining  to  oil  deposits,  now 

Be  It  Hereby  Resolved,  That  a  spirit  of  fair  play  demand  that  a 
prospector  in  possession  prior  to  withdrawal  and  diligently  prosecuting 
work  towards  discovery  has  established  equitable  rights  therein  and 
shall  be  permitted  to  perfect  his  location  and  establish  his  rights  therein 
as  a  placer  claim. 

SECRETARY  NORMAN:  I  also  have  a  resolution  presented  by 
Thomas  A.  O'Donnell,  chairman  of  the  California  delegation,  which  I 
will  read: 

Resolution  No.  29. 

(By  the  California  Delegation.) 

Resolved,  This  Congress  recognizes  that  the  United  States  Gov- 
ernment, in  its  dealings  with  the  mineral  lands,  and  the  miners  operat- 
ing thereon,  has  uniformly  treated  the  subject  along  broad  and  equit- 


AMERICAN  MINING  CONGRESS  71 

able  lines,  and  that  those  who  pursuant  to  the  invitation  of  the  Gov- 
ernment have  explored  the  mineral  lands,  discovered  mineral  therein 
and  in  good  faith  developed  the  same,  have  almost  uniformly  been 
protected  in  their  rights. 

In  this  connection  attention  is  called  to  certain  recent  rulings  of 
the  Land  Department,  that,  while  they  may  be  proper  as  applied  to  the 
facts  therein  involved,  are  in  other  respects  inconsistent  with  the  prev- 
ious rulings  of  the  Department,  and  the  dicisions  of  the  Court,  under 
which  recent  rulings  associations  of  persons  who  have  entered  upon  oil 
and  other  mineral  lands  in  good  faith,  explored  and  developed  the 
same  and  discovered  oil  therein,  have  been  denied  patents,  where 
prior  to  discovery  and  frequently  for  the  purpose  of  raising  money  for 
development  purposes  certain  of  the  locators  had  conveyed  their  in- 
terests so  that  there  were  at  the  time  of  discovery  less  than  eight 
locators  interested  in  such  claims. 

Previous  to  these  recent  rulings,  it  had  been  uniformly  held  by 
the  courts  and  by  the  Department,  where  the  laws  had  been  complied 
with,  and  mineral  or  oil  discovered,  that  such  locators  or  their  suc- 
cessor or  successors  in  interest,  were  entitled  to  patents. 

These  recent  rulings,  if  adhered  to,  would  destroy  many  invest- 
ments made  in  good  faith,  impair  mining  titles,  and  destroy  the  confi- 
dence of  investors  in  such  titles.  We  therefore  urge  immediate  legis- 
lative and  departmental  action  to  the  end  that  all  such  property  rights 
when  claimed  in  good  faith  under  bona  fide  locations  shall  be  protected, 
and  where  in  accordance  with  the  customs  of  the  miners,  the  previous 
rulings  of  the  Department,  and  the  decisions  of  the  Courts,  the  titles 
to  such  claims  are  honestly  vested,  the  patents  shall  be  issued  therefor 
without  denial  or  delay. 

In  connection  with  the  location  and  development  of  oil  mining 
lands  with  relation  to  future  locations,  and  in  order  to  meet  the  condi- 
tions prevailing  in  the  oil  districts,  an  amendment  to  the  Statute  ought 
to  be  adopted  to  the  effect  that  upon  entry,  the  marking  of  the  bound- 
aries and  the  posting  of  the  notice,  the  locator  should  have  a  reason- 
able time,  within  which  to  prepare  for  and  commence  drilling  upon  the 
location,  and  thereafter  so  long  as  drilling  and  operations  were  dil- 
igently continued,  should  be  protected  in  their  occupation  and  posses- 
sion, and  upon  discovery  of  oil  to  make  entry  and  acquire  patent  as  in 
other  cases. 

And,  Whereas,  It  is  well  known  that  the  continued  pumping  of  oil 
from  any  given  tract  of  land  has  the  effect  to  drain  out  the  oil  from 
adjacent  land,  and  in  almost  all  instances,  the  remaining  lands  of  the 
Government  supposed  to  contain  oil  are  situated  in  the  vicinity  of  rail- 
road lands  or  other  privately  owned  lands,  which  are  or  will  be  de- 
veloped and  worked;  therefore,  the  policy  of  the  Government  should 
be  not  to  withdraw  such  lands  from  mineral  entry  or  otherwise  dis- 
courage their  exploration  or  development,  but  to  keep  such  lands  free 
and  open  to  entry,  disposition  and  development  equally  with  other  lands 
subject  to  disposition  under  the  mineral  law. 

SECRETARY  NORMAN:  I  also  have  a  resolution  offered  by  Mr. 
Thomas  A.  O'Donnell,  as  follows: 

Resolution  No.  30. 

(By  T.   A.   O'Donnell.) 

Whereas,  The  Southern  Pacific  Railroad  Company  claims  and  holds 
many  thousand  acres  of  land  in  the  State  of  California  whicL  are  proved 
oil  lands,  and  have  been  appraised  at  more  than  fifty  millions  of  dol- 
lars in  value  by  experts  of  that  company,  and 

Whereas,  These  lands  are  held  under  an  act  of  the  Congress  of 
the  United  States  granting  certain  land  to  the  Southern  Pacific  Rail- 
road Company  and  specifically  excepting  from  its  operation  all  mineral 
lands  excepting  iron  and  coal  lands,  and 


72  OFFICIAL  PROCEEDINGS 

Whereas,  The  patent  issued  by  the  U.  S.  Government  to  the  South- 
ern Pacific  Railroad  Company  under  whicri  the  said  Company  claims 
and  holds  these  lands,  contains  an  exception  in  the  following  words: 

"Yet  excluding  and  excepting  all  mineral  lands,  should  any  such 
be  found  in  the  tracts  aforesaid,  this  exclusion  and  exception  according 
to  the  terms  of  the  statute,  shall  not  be  construed  to  exclude  coal  and 
iron  lands,"  and 

Whereas,  When  this  patent  was  issued,  the  lands  included  therein 
were  not  known  to  be  oil  lands,  and  their  mineral  character  has  since 
been  discovered,  and 

Whereas,  Under  the  terms  of  the  law  granting  the  lands  to  the 
Southern  Pacific  Railroad  Company,  and  of  the  patent  by  which  it  holds 
and  claims  title  to  said  lands,  the  said  Company  has  no  moral  right, 
and  should  have  no  legal  right,  to  the  said  oil  lands. 

Therefore  Be  It  Resolved,  That  we  request  the  President  of  the 
United  States  to  see  to  it  that  immediate  steps  shall  be  taken  by  the 
proper  officers  of  the  government  to  recover  the  oil  lands  in  the  State 
of  California  now  claimed  and  held  by  the  Southern  Pacific  Railroad 
Company  by  virtue  of  the  act  of  Congress  granting  to  it  non-mineral 
lands,  and  of  the  patent,  excepting  and  excluding  from  its  operation 
all  oil  lands,  should  any  such  be  found  in  the  tracts  described  in  said 
patent. 

PRESIDENT  BUCKLEY:  These  resolutions  will  be  referred  to 
the  Committee  on  Resolutions.  I  wish  again  to  announce  that  resolu- 
tions introduced  after  today  may  fail  of  consideration  both  by  the  Com- 
mittee and  by  the  Congress,  so  I  trust  that  anyone  who  desires  to  in- 
troduce any  resolution  will  do  so  at  this  time. 

SECRETARY  NORMAN:  I  also  have  a  resolution  introduced  by 
Major  W.  A.  Mensch  of  Arizona,  on  the  subject  of  hydraulic  power, 
which  reads  as  follows: 

Resolution  No.  31. 

(By  W.  A.  Mensch.) 

Whereas,  Locations  have  been  made;  necessary  legal  steps  taken, 
and  engineering  work  commenced  to  establish  a  Power  Site  at  or  near 
Pierce's  Ferry  at  the  mouth  of  the  Grand  Canyon  of  Colorado. 

Furthermore,  it  has  been  demonstrated  by  expert  engineers  that  a 
dam  could  ultimately  be  built  that  would  store  enough  water  to  de- 
velop 1,500,000  horse  power,  and  that  this  power  development  is  to  be 
located  in  such  a  place  and  manner  that  no  harm  will  result  to  any 
vested  interests  of  'any  kind.  That  on  the  the  contrary  its  immediate 
development  will  stimulate  industry  and  commerce  in  every  part  of 
the  United  States. 

Be  It  Resolved,  That  this  Mining  Convention  does  indorse  this 
project  and  commend  it  to  the  financial  world  for  immediate  develop- 
ment, believing  that  such  a  project  would  prove  a  lasting  benefit  to 
the  entire  country. 

PRESIDENT  BUCKLEY:  The  explanation  accompanying  the  reso- 
lution will  be  referred  to  the  Committee  on  Resolutions  also.  If  the 
introducer  of  this  resolution  wishes  to  have  the  explanation  read  before 
the  Congress  it  will  be  taken  up  at  the  time  the  resolution  is  reported 
back. 

SECRETARY  NORMAN:  I  also  have  a  resolution  presented  by 
Mr.  W.  W.  Bass,  delegate  from  Arizona: 

Resolution  No.  32. 

(By  W.  W.  Bass,  of  Arizona.) 

Be  It  Resolved,  That  this  Convention  petition  Congress  to 
not  pass  any  bill  providing  for  establishing  any  National  Parks,  or 


AMERICAN  MINING  CONGRESS  73 

National  Monuments,  until  the  Geological  Bureau  of  the  United  States 
Government  makes  a  thorough  investigation  as  to  whether  there  is  any 
mineral  within  the  bounds  thereof,  to  warrant  such  park,  and  furnishes 
a  full  report  of  their  findings  to  that  honorable  body. 

SECRETARY  NORMAN:  Resolution  introduced  by  W.  E.  Pedrick, 
of  Colorado: 

Resolution  No.  33. 

(By  W.  E.  Pedrick,  of  Colorado.) 

Whereas,  Our  Pacific  coast  cities  are  now  dependent  upon  foreign 
coal  for  domestic  and  other  uses  at  prices  from  $8  to  $10  per  ton  for 
best  grades,  and 

Whereas,  In  the  Cascade  range  of  mountains  near  tide  water  in 
the  State  of  Washington  there  are  thousands  of  acres  of  superior  coal 
lands  including  anthracite,  which  was  discovered,  entered  and  opened 
up  under  the  Revised  Statutes  of  the  United  States,  and  the  money 
received  therefor  by  the  Land  Department,  but  which  owing  to  the 
intrusion  and  interference  of  the  forest  reserve  service,  with  the  proper 
business  of  the  United  States  Land  Office,  said  lands  have  been  with- 
held from  patent  for  four  years,  when,  but  for  such  interference,  this 
coal  could  now  be  delivered  at  retail  in  Los  Angeles  for  $5  per  ton, 
therefore  be  it 

Resolved,  That  this  Mining  Congress  asks  the  General  Land  Office 
and  Forestry  Service  of  the  United  States  to  assimilate  their  differ- 
ences, that  this  and  other  coals  in  the  same  situation  in  other  localities, 
may  be  mined  and  sold;  that  Japan,  Australia,  British  Columbia  and 
other  countries  need  no  longer  look  to  the  Pacific  coast  for  a  market 
for  coals. 

PRESIDENT  BUCKLEY:  The  resolution  will  be  referred  to  the 
Committee  on  Resolutions.  Are  there  any  reports  from  committees? 
Is  the  Credentials  Committee  ready  to  report  this  morning?  Their 
report  should  be  in  here  at  this  time. 

COLONEL  BROWN,  of  Colorado:  Mr.  President,  at  the  first 
day's  sessions  of  this  Congress  I  submitted  some  resolutions  that 
were  referred  to  the  Resolutions  Committee  in  the  regular  way.  I 
found  that  I  presented  them  under  a  misconception  of  my  position 
here.  I  had  been 'requested  to  appear  here  as  a  delegate  for  B.  Clark 
Wheeler  of  Colorado,  who  could  not  be  here,  and  I  presented  a  proxy 
to  the  Credentials  Committee.  I  believe  that  the  chairman  of  the 
Arizona  delegation  also  has  the  appointment  of  a  delegate  from  Ari- 
zona by  the  governor,  and  the  selection  of  myself  as  a  proxy  for  him, 
and  one  man  most  highly  interested  in  Nevada's  prosperity  has  asked 
me  to  appear  for  him,  and  those  credentials,  I  am  advised  over  the 
telephone,  are  at  my  house.  Yesterday,  in  a  short  conservation  I  had 
with  the  President,  he  called  my  attention  to  the  fact  that  a  proxy  was 
not  proper  to  act  upon  in  the  Congress,  and,  upon  consideration,  I  am 
frank  to  say  that  I  think  his  position  is  well  taken,  and  that  the  Con- 
gress should  not  allow  men  to  appear  before  them  on  proxies,  and 
under  those  conditions,  while  I  would  like  to  defend  the  resolutions 
I  have  presented,  anf.  which  will,  in  part,  or  possibly  wholly,  be  re- 
turned to  this  body,  I  feel  that  it  would  only  be  by  a  privilege  and  by 
no  right  that  I  could  have  through  the  credentials  which  I  have  pre- 
sented, and  I  will  refrain  from  taking  part  in  the  discussion  or  assist- 
ing in  any  way  in  their  consideration  unless,  by  chance,  this  Congress 
should  see  fit  to  recognize  me  by  unanimous  consent.  If  any  single 
member  would  object  I  certainly  would  refrain  from  taking  part  in 
the  discussion. 

GENERAL  SAMPSON:  Mr.  President,  in  order  that  this  matter 
may  be  settled  now  I  move  that  unanimous  consent  be  given  to  Colonel 
Brown  to  participate  in  the  discussion. 


74  OFFICIAL  PROCEEDINGS 

PRESIDENT  BUCKLEY:  The  gentleman  is  out  of  order.  This 
motion  can  only  be  made  at  a  time  when  the  gentleman  wishes  to 
speak.  You  can  make  the  motion  only  at  that  time.  I  wish  to  state, 
for  the  benefit  of  the  Congress,  that  I  told  Colonel  Brown  this  morn- 
ing that,  personally,  I  would  be  very  glad  to  recognize  him  and  give 
him  an  opportunity  to  discuss  the  resolution,  not  as  a  member  or  dele- 
gate to  the  American  Mining  Congress,  but  simply  on  account  of  the 
fact  that  he  came  here  believing  he  was  entitled  to  a  seat  on  the  floor, 
and  I  will  be  very  glad,  myself,  without  any  action  of  the  Congress, 
or  if  there  is  no  objection  on  the  part  of  any  member,  to  recognize 
the  Colonel  at  the  time  the  discussion  takes  place. 

COLONEL  SAMPSON:  Would  it  be  possible  at  this  time  to  move 
to  give  the  floor  to  Colonel  Brown? 

PRESIDENT  BUCKLEY:  It  would  not  be  proper,  according  to 
the  constitution  and  by-laws. 

The  first  business  before  the  Congress  this  morning  is  the  report 
of  the  Committee  on  the  Protection  of  Mining  Investors.  This  report 
is  by  Thomas  E.  Kepner,  who  is  not  here,  and  I  have  requested  the  sec- 
retary to  read  this  report. 

SECRETARY  NORMAN:     The  report  reads  as  follows: 
REPORT  OF  THE  COMMITTEE  ON  MINING  FRAUDS. 

The  American  Mining  Congress, 

Thirteenth  Annual  Session, 

Los  Angeles,  California. 
Gentlemen: 

The  matter  of  mining  frauds  was  brought  to  the  attention  of  the 
American  Mining  Congress  at  the  annual  session  in  1906  by  Honorable 
George  C.  Pardee,  then  governor  of  the  State  of  California,  who  gave  a 
graphic  description  of  a  wildcat  mining  promoter  having  headquarters 
in  the  City  of  Philadelphia  and  who  was  flooding  the  Stafe  of  California 
with  literature  containing  all  kinds  of  false  representations  and  state- 
ments regarding  an  alleged  mining  property.  The  following  excerpt 
is  made  from  Governor  Pardee's  speech  which  appears  on  page  54  et. 
seq.  of  the  published  proceedings  of  that  session  of  the  American  Min- 
ing Congress: 

"We  found,  on  examining  the  laws  of  the  State  of  Cali- 
fornia, that  we  had,  in  a  way,  a  law  prohibiting  mining  frauds 
of  that  kind.  But  when  we  came  to  investigate  further,  we 
found  there  was  only  one  way  in  which  we  could  get  at  this 
man  who  was  robbing  the  people  of  the  State  of  California, 
and  incidentally,  I  presume,  the  people  of  other  states  and  ter- 
ritories, and  that  was  to  appeal  to  the  postal  authorities. 
There  was  no  way  we  could  get  at  him  in  the  State  of  Pennsyl- 
vania, so  we  appealed  to  the  postal  authorites,  and  they 
stopped  his  mail,  and  thereby  his  business,  under  the  postal 
fraud  laws." 

Governor  Pardee  further  stated  that  there  had  been  no  prosecu- 
tions under  the  California  statute  or  Pardee  Act  because  the  wildcat 
promoters  "all  hailed  from  other  states.  They  have  been  beyond  our 
reach." 

Since  that  time,  the  American  Mining  Congress  has  made  per- 
sistent efforts  to  have  statutes  modeled  on  the  Pardee  Act  adopted  by 
the  legislatures  of  the  several  states  and  territories  of  the  Union.  The 
material  part  of  that  Act  is  as  follows: 

"Any  person  who  knowingly  makes  or  publishes  in  any 
way  whatever,  or  permits  to  be  so  made  or  published,  any 
book,  prospectus,  notice,  report,  statement,  exhibit  or  other 


AMERICAN  MINING  CONGRESS  75 

publication  of  or  concerning  the  affairs,  financial  condition  or 
property  of  any  corporation,  joint-stock  association,  co-part- 
nership or  individual,  which  said  book,  prospectus,  notice, 
report,  statement,  exhibit  or  other  publication,  shall  contain 
any  statement  which  is  false  or  wilfully  exaggerated,  or  which 
is  intended  to  give,  or  which  shall  have  a  tendency  to  give,  a 
less  or  greater  apparent  value  to  the  shares,  bonds,  or  prop- 
erty of  said  corporation,  joint-stock  association,  co-partner- 
ship or  individual,  or  any  part  of  said  shares,  bonds,  or  prop- 
erty, than  said  shares,  bonds,  or  property,  or  any  part  thereof, 
shall  really  and  in  fact  possess,  shall  be  deemed  guilty  of  a 
felony,  and  upon  conviction  thereof  shall  be  imprisoned  for 
not  more  than  ten  years  or  fined  not  more  than  ten  thousand 
dollars,  or  shall  suffer  both  said  fine  and  imprisonment." 

This  legislation,  in  the  judgment  of  your  committee,  adds  nothing 
of  substance  to  the  general  law  on  the  subject  of  false  pretense  and 
kindred  offenses.  Selling  mining  stock  by  means  of  false  representa- 
tions or  statements,  where  all  the  material  acts  necessary  to  constitute 
the  offense  are  committed  within  the  jurisdictional  limits  of  any  one 
state,  is  now  and  always  has  been  a  punishable  offense  in  every  state 
and  territory  of  the  American  Commonwealth  having  the  common  law 
as  the  basis  of  its  jurisprudence.  The  Pardee  Act  adds  nothing  to  the 
law  theretofore  existing  in  California,  nor  does  it  make  prosecution  and 
conviction  under  state  law  for  what  might  be  termed  inter-state  of- 
fenses easier  or  more  effective.  But  if  it  be  urged  by  the  authors  of 
that  Act  that  its  purpose  is  to  make  the  mere  publication  of  false  repre- 
sentations or  statements  regarding  a  mining  proposition  a  punishable 
offense,  unaccompanied  by  any  evidence  of  resulting  damage  to  some 
individual  within  the  limits  of  California,  we  reply  that  such  interpre- 
tation of  the  Act  is  so  repungant  to  the  spirit  of  our  jurisprudence 
that  it  can  never  have  the  sanction  of  the  courts. 

The  crime  of  obtaining  property  by  false  pretense  was  created  by 
the  statute  of  30  Geo.  II,  ch.  24,  sec.  1,  which  provided  that  all  persons 
who  knowingly  and  designedly  by  false  pretense  obtain  from  any  person 
money  or  goods  with  intent  to  cheat  or  defraud  any  person  of  the  same 
should  be  deemed  offenders  against  the  law;  and  the  provisions  of  that 
act  were  extended  by  the  statute  of  52  Geo.  Ill,  ch.  64.  The  American 
States  have  uniformily  adopted  legislation  modeled  on  those  English 
statutes;  in  some,  the  offense  is  called  "False  Pretense;"  in  others, 
"Larceny;"  whilst  others  designate  the  offense  as  "Swindling."  But 
everywhere  false  representations  with  resulting  damage  are  necessary 
to  constitute  the  offense. 

The  State  of  Pennsylvania  had  such  a  law  when  Governor  Pardee 
found  it  impossible  "to  get  at  the  man  in  Philadelphia"  for  defrauding 
the  people  of  the  State  of  California.  Why  was  it  impossible?  The 
difficulty  was  that  that  promoter  had  his  headquarters  in  the  City  of 
Philadelphia  and  there  resided,  his  victims  were  citizens  of  the  State 
of  California,  the  fraud  committed  was  consummated  in  the  latter  state 
through  an  illegal  use  of  the  United  States  mails.  Under  such  circum- 
stances, neither  the  courts  of  California  or  Pennsylvania  had  or  could 
acquire  jurisdiction  of  the  offender  and  punish  the  offense.  Had  the 
act  complained  of  been  committed  within  the  boundaries  of  either  state 
there  could  have  been  no  difficulty  whatever  in  prosecuting  and  con- 
victing that  wildcat  promoter  under  the  general  law  relating  to  false 
pretense  and  larceny.  And  even  if  a  state  statute  could  be  so  drawn 
as  to  give  the  state  courts  jurisdiction  of  this  class  of  offenders,  the 
difficulty  in  obtaining  competent  evidence  would  be  very  great,  whilst 
the  expense  incident  to  making  an  examination  of  the  alleged  mine 
and  securing  the  attendance  of  witnesses  would  prevent  prosecution 
in  most  cases. 

Is  there  a  remedy?  Probably  ninety-five  per  cent  of  the  frauds 
committed  by  means  of  false  representations  or  statements  in  the  sale 


76  OFFICIAL  PROCEEDINGS 

of  mining  stocks  are  accomplished  through  an  illegal  use  of  the  United 
States  mails.  The  postal  fraud  law  is  broad  and,  like  the  62nd  Article 
of  War,  covers  a  multitude  of  sins.  Let  the  law  be  enforced.  The  Na- 
tional government  is  ready  to  act;  but  the  victims  of  the  wildcat  pro- 
moter are  usually  found  among  the  poorer  classes  and  they  have  neither 
the  means  nor  the  information  to  enable  them  to  act  intelligently.  And 
it  is  difficult  to  get  the  necessary  evidence  to  establish  a  PRIMA  FACIE 
case,  which  must  be  done  before  a  fraud  order  will  be  issued  by  the  Post 
Office  Department.  Possibly,  as  claimed  by  some  of  the  inspectors,  the 
penalty  is  too  light;  the  maximum  which  may  be  imposed  is  imprison- 
ment for  four  and  one-half  years  and  a  fine  of  one  thousand  dollars. 

The  constitution  of  the  United  States  gives  Congress  plenary  power 
to  regulate  commerce  between  the  several  states,  and  if  further  legisla- 
tion is  necessary  to  cover  inter-state  offenses  where  the  wildcat  promo- 
ter is  shrewd  enough  to  avoid  the  Scylla  of  the  United  States  postal 
laws,  on  the  one  hand,  and  the  Chrybdis  of  state  laws  punishing  false 
pretense,  on  the  other,  the  needful  legislation  can  be  easily  adopted. 

Doubtful  the  Bureau  of  Mines  will  establish  a  system  of  collecting 
and  classifying  information  regarding  the  mining  districts  and  resources 
of  the  several  states,  as  well  as  the  standing  of  the  legitimate  mining 
companies  operating  therein,  which  will  be  of  very  great  advantage 
to  the  bona  fide  mining  investor.  Cb-operation  on  the  part  of  the 
American  Mining  Congress  and  its  widely  scattered  members  and  the 
mining  inspectors  of  the  several  states,  with  the  Bureau  of  Mines  in 
gathering  information  and  reporting  apparent  violations  of  the  postal 
laws,  would  soon  bring  about  a  condition  of  affairs  which  would  make 
mining  frauds  difficult  of  accomplishment  and  at  the  same  time  render 
prosecution  and  conviction  of  offenders  easier. 

State  statutes  on  the  subject  of  taxation  would  help.  Mining  lo- 
cations held  by  the  individual  prospector  should  never  be  made  the 
subject  of  taxation,  but  when  such  locations  pass  under  the  control  of 
a  corporation  they  should  be  taxed.  Where,  as  frequently  happens,  the 
authorized  promotion  stock  is  all  issued  in  payment  of  a  mining  prop- 
erty; where  the  board  of  directors  solemnly  declare  that  they  have 
made  an  examination  of  the  property  and  know  its  value,  and  that  the 
par  value  of  the  stock  issued  is  the  reasonable  and  just  value  of  the 
mining  locations  thereby  acquired,  a  statute  might  very  properly  make 
such  statements  the  basis  of  valuation  of  that  particular  property  for 
the  purpose  of  taxation.  It  is  a  trite  saying  that,  the  power  to  tax  is 
the  power  to  destroy;  such  legislation  would  prevent  over  capitalization 
and  would  go  far  towards  driving  illegitimate  companies  out  of  ex- 
istence. 

But  after  all  is  said  and  done,  statutes  are  of  little  effect  as  a  pre- 
ventative  for  crime  until  public  opinion  demands  their  enforcement. 
The  American  Mining  Congress  may  pass  resolutions  and  secure  the 
adoption  of  state  legislation  until  the  crack  of  doom,  but  mining  frauds 
will  never  cease  until  public  opinion  secures  the  rigid  enforcement  of 
the  postal  fraud  law. 

Respectfully  submitted, 

THOMAS  E.  KEPNER, 

Chairman  of  the  Committee  on  Mining  Fraud  Legislation. 
Approved: 

THERON  STEVENS, 
MORTIMER  N.  GRANT, 

Members  of  the  Committee. 

PRESIDENT  BUCKLEY:  I  would  like  to  ask  if  Mr.  Mahan  is 
in  the  audience.  (No  response.)  If  not,  we  will  now  listen  to  the  re- 
port of  the  Committee  on  Federal  Legislation.  The  Secretary  will  read 
the  report  at  this  time. 


AMERICAN  MINING  CONGRESS  77 

REPORT   FROM   THE    COMMITTEE    ON   FEDERAL,    LEGISLATION. 

(Individual  Report  of  Member  E.  L.  DeLestry.) 
To  the  Officers,  Members  and  Delegates, 
Thirteenth  Annual  Convention, 

American  Mining  Congress. 
Gentlemen: 

Not  knowing  whether  Mr.  John  Hays  Hammond  will  file  with  the 
Congress  a  report  of  the  labors  of  the  Committee  on  Federal  Legisla- 
tion since  the  adjournment  of  our  last  annual  convention,  I  take  the 
liberty  to  file  a  brief  report  thereon. 

President  Buckley,  after  our  last  adjournment  appointed  a  Com- 
mittee on  Federal  Legislation  consisting  of  Mr.  Thomas  Walsh,  Mr. 
John  Hays  Hammond,  Mr.  J.  H.  Richards,  Mr.  E.  L.  DeLestry  and  Mr. 
D.  W.  Brunton.  It  was  to  be  the  primary  object  of  this  Committee,  as 
I  understood  it,  to  work  for  the  establishment  of  a  Bureau  of  Mines, 
an  object  which  we  have  been  endeavoring  to  secure  for  some  years 
past.  I  regret  to  say  that  the  Committee  never  met  to  organize  and 
that  Mr.  Walsh,  our  chairman,  was  removed  by  death  in  the  very 
midst  of  the  campaign  lying  before  us  and  therefore  our  Committee 
divided  itself  into  Committees  of  one  each  to  work  each  in  our  own  way 
to  secure  the  long  desired  result.  Mr.  Callbreath,  our  efficent  secre- 
tary, went  to  Washington  and  remained  on  the  field  continuously  and 
if  his  inherent  modesty  will  not  permit  him  to  say  so,  I  will  do  him  the 
justice  to  say  that  without  his  most  competent  efforts  and  thorough- 
going methods,  we  would  not  have  achieved  the  success  in  having  this 
Bureau  created. 

The  writer  was  close  enough  at  hand  to  immediately  proceed  to 
Washington  on  the  request  of  Mr.  Callbreath,  if  it  had  been  necessary 
to  do  so,  but  was  able  to  win  over  several  Senators,  who  in  former  years 
were  strictly  opposed  to  any  effort  to  create  a  Bureau  of  Mines,  by  sug- 
gesting to  them  primarily  that  the  United  States  was  the  only  civilized 
country  with  a  large  mining  industry  that  had  not  established  a  Na- 
tional Bureau  of  Mines  and  that  we  woud  be  quite  content  to  waive  the 
establishment  of  a  department  as  long  as  something  was  done  to  rec- 
ognize the  industry  officially  and  lend  the  Federal  assistance  necessary 
to  surround  the  mining  industry  with  such  official  safe  guards  and 
provide  such  assistance  as  no  individual  State  or  Corporation  could  ac- 
complish on  its  own  account. 

The  Bill  was  introduced  early  in  December  1909,  passed  the  Senate 
on  May  2,  1910,  with  some  slight  amendments  agreeable  to  your  Com- 
mittee; was  signed  by  the  President  on  May  16th  and  became  effective 
July  1st  of  the  present  year  with  an  appropriation  of  a  little  more  than 
a  half  a  million  dollars. 

While  a  start  has  been  made  we  must  not  relax  our  efforts  and  we 
must  co-operate  with  it  in  every  way  to  the  best  interests  of  the  industry 
as  a  whole  and  not  permit  any  one  branch  for  personal  interests  to 
nullify  the  slight  start  already  made.  More  can  be  secured  later  if  the 
first  years'  efforts  prove  of  benefit.  I  would  respectfully  suggest,  how- 
ever, to  this  session  of  the  Congress,  that  the  incoming  President  be 
authorized  to  appoint  another  strong,  efficent  and  even  larger  commit- 
tee on  Federal  Legislation  as  much  has  yet  to  be  done  and  I  desire  to 
particularly  call  attention  to  Senate  Bill  5489,  introduced  by  Senator 
Nelson,  in  January  of  this  year,  concerning  timber  reserves  and  es- 
pecially to  Section  7  of  that  act  which  if  enacted  into  a  law  will  tie 
the  hands  of  the  honest  prospector,  locator  and  mine  developer,  as  far 
as  the  use  of  timber  on  his  own  ground  is  concerned  and  will  place  a 
burden  and  hardship  upon  the  efforts  of  developing  and  prospecting 
new  territory  in  the  mineral  lands  of  the  public  domain. 

The  present  craze  for  "Conservation"  has  reached  a  station  where  if 
allowed  to  run  a  full  course  will,  as  far  as  our  industry  is  concerned, 
surely  spell  itself  before  many  years  so  as  to  read  "consternation."  Con- 
ditions are  already  bad  enough  and  any  further  check  placed  upon  the 


78  OFFICIAL  PROCEEDINGS 

industry  will  mean  the  transferring  of  mining  capital  to  other  countries 
and  leave  the  United  States  with  its  tremendous  virgin  mineral  lands 
indefinitely  tied  up. 

I  trust  the  Congress  will  approve  the  efforts  made  by  our  Com- 
mittee even  if  they  have  been  made  in  a  rather  unorganized  form,  but 
the  fruits  of  the  efforts  are  before  you  and  must  be  the  final  test  as  the 
value  of  such  a  committee  when  appointed. 

Respectfully  submitted, 

E.  L.  DeLESTRY. 

PRESIDENT  BUCKLEY:  Gentlemen,  you  have  before  you  the 
reports  of  two  committees — the  report  on  Protection  of  Mining  Invest- 
ments and  the  report  on  Federal  Legislation.  A  motion  is  in  order  to 
accept  these  reports  and  have  them  referred  to  the  Committee  on 
Resolutions. 

MR.  A.  K.  WRIGHT,  of  Nevada:     Mr.  President,  I  move  that  these 
reports  be  accepted  and  referred  to  the  Committee  on  Resolutions. 
Motion  seconded  and  carried   unanimously. 

SECRETARY  NORMAN:  I  have  here  the  report  of  the  Committee 
on  Alaskan  Mining  Laws,  which  reads  as  follows: 

REPORT  OF  THE  COMMITTEE  ON  ALASKAN  MINING  LAWS. 

To    the    President,    Officers    and    Members    of    The    American    Mining 

Congress,  Los  Angeles,   California. 

When  the  question  of  the  date  for  holding  this  convention  was 
being  considered  by  the  officials  of  the  Congress,  your  Committee,  after 
conferring  with  a  number  of  Alaskans,  took  the  liberty  of  urging  that 
a  later  date  be  set  in  order  that  Alaskans  generally  might  attend  the 
session  and  share  in  its  deliberations.  Our  reason  for  doing  this  was 
founded  wholly  upon  the  belief  that  Alaskans  could  not  reach  Los 
Angeles  in  September,  as  they  are  so  busy  at  this  season  that  an  attend- 
ance would  be  impossible. 

When  it  was  found  however,  that  no  other  date  would  be  available, 
the  Committee  proceeded  to  organize  its  work  and  sent  throughout 
Alaska  a  general  call  for  attendance  upon  the  convention,  requesting 
from  our  colleagues  in  various  sections  of  Alaska,  reports  upon  local 
conditions,  and  inviting  four  representative  Alaskans  to  prepare  papers 
upon  subjects  of  vital  interest  to  Alaska  and  to  the  Northwest. 

Work  of  the  Committee. 

In  the  meantime  your  Committee  has  conducted  a  number  of 
hearings,  more  or  less  formal,  and  had  innumerable  conferences.  We 
have  been  able  to  visit  personally  a  considerable  portion  of  the  different 
mining  districts  in  Alaska.  Further  than  this,  in  order  to  make  a 
comparative  study  of  mining  conditions  on  the  British  side  of  Alaska, 
two  or  our  Committee  spent  some  ten  days  in  visiting  the  mining  men 
who  were  operating  in  Alaska  under  Canadian  laws,  in  order  that  we 
might  understand  the  results  of  the  Dominion  system  of  handling  condi- 
tions identical  with  those  found  in  the  American  portion  of  Alaska. 

We  are  disappointed  beyond  measure  that  the  steamer  which  was 
to  bring  Mr.  Steele  and  one  or  more  of  our  invited  speakers,  brought 
advices  stating  the  entire  inability  of  these  gentlemen  to  leave  Alaska 
at  this  time.  Up  to  the  present  date,  neither  the  Governor  of  Alaska 
nor  our  delegate  to  Congress  have  reached  Seattle,  though  we  were 
reliably  informed  that  the  Congress  would  have  the  benefit  of  the 
presence  of  both  of  these  highly  informed  men. 

The  remaining  and  subscribing  members  to  this  report  while  they 
have  now  returned  to  Seattle,  after  having  made  all  arrangements  to 
attend  the  Congress,  find  ourselves  engrossed  in  business  matters  con- 


or  THE 
UNIVERSITY 

OF 


AMERICAN  MINING  CONGRESS  79 


fided  to  us  by  Alaskans  which  require  our  immediate  attention.  As 
the  closing  weeks  of  Alaskan  operations  are  now  upon  us,  we  do  not 
feel  free  to  neglect  their  interests,  and  have  been  forced  to  forego  at- 
tendance at  this  time. 

In  view  of  the  wide-spread  interest  and  discussion,  both  intelligent 
and  otherwise,  which  has  been  had  of  late  on  Alaskan  matters,  your 
Committee  planned,  and  had  ready  to  bring  to  Los  Angeles,  all  of  the 
data  and  memoranda  prepared,  being  of  the  opinion  that  our  chief 
usefulness  to  the  Congress  would  be  in  directing  our  verbal  report  to 
such  questions  as  were  found  to  be  uppermost  in  your  minds  when  we 
arrived,  as  an  attempt  to  prepare  in  advance  so  exhaustive  a  subject 
would  be  less  instructive  and  responsive  to  your  wishes. 

Work  of  the  Committee. 

During  the  past  year  your  Committee  has  been  called  upon  on 
many  different  occasions  to  answer  inquiries  and  furnish  information 
upon  Alaskan  subjects  to  eminent  Government  officials,  Senators  and 
members  of  Congress  and  Eastern  men,  who  were  studying  Alaskan 
conditions.  This  Committee  has  also  been  used  by  Alaskans  as  a 
channel,  for  presenting  in  as  appropriate  a  way  as  possible,  various 
matters  of  local  importance  requiring  information  or  action,  and  these 
we  have  endeavored  to  direct  into  proper  official  channels. 

We  believe  that  the  Committee  can  properly  state  that  in  all  these 
matters  our  position  has  been  neutral  and  advisory,  and  that  we 
have  endeavored  at  all  times  to  reflect  facts  and  conditions  rather  than 
any  of  the  personal  views  of  members  of  this  Committee,  and  our  work 
has  been,  we  believe,  free  from  an  element  of  personal  bias. 

Alaska   Joins   In    Inviting   Colonel   Roosevelt. 

Early  in  the  summer  when  it  was  suggested  that  Colonel  Roose- 
velt might  be  induced  to  attend  the  Congress,  we  wired  at  length  to 
Mr.  Roosevelt  urging  him,  on  behalf  of  Alaskans,  to  attend  and  interest 
himself  in  Alaskan  questions  which  might  be  discussed  by  the  Con- 
gress, and  some  correspondence  has  been  had  with  Mr.  Roosevelt  on 
this  subject.  Alaskans  generally  regret  his  inability  to  attend,  for  ir- 
respective of  personal  views,  they  realize  an  element  of  sympathetic 
appreciation  upon  his  part  with  pioneer  conditions. 

Visit  ojf  Cabinet  Members. 

The  universal  effort  that  has  been  made  by  Alaskans  to  induce 
the  President  to  visit  Alaska  during  the  season  has  doubtless  been 
brought  to  your  attention.  Alaskans  generally  are  highly  gratified 
that  he  was  able  to  send  us  two  distinguished  members  of  his  Cabinet, 
whom,  as  they  were  entering  the  interior  of  Alaska,  it  was  the  good 
fortune  of  your  Ccmmittee  to  meet,  and  to  have  a  very  satisfactory 
conference  on  local  questions. 

These  men  laid  aside  all  ceremony  and  all  semblance  of  office,  and 
their  first  act  was  to  join  the  Arctic  Brotherhood,  the  great  fraternal 
order  of  Alaska.  They  started  on  their  important  journey  wearing  its 
emblem,  and  with  the  hand  of  fellowship  for  every  Alaskan,  and  the 
earnest  desire  to  inform  themselves,  first  hand,  of  the  conditions  in 
Alaska. 

Your  Ccmmittee,  in  giving  these  gentlemen  such  data  and  infor- 
mation as  they  desired,  sought  to  emphasize  the  fact,  which  they  now 
report  to  this  Congress,  that  Alaska  is  now  suffering,  and  for  the  last 
two  years  has  acutely  suffered,  not  so  much  from  a  lack  of  adequate 
mining  laws  on  the  books,  as  from  an  uninformed,  though  well  mean- 
ing, long  distance  attempt  to  administer  these  laws.  While  the  rep- 
resentatives of  our  Government  have  been,  for  the  most  part,  intelli- 
gent and  able  men,  they  have  been  so  restricted  in  authority  and  hamp- 


80  OFFICIAL  PROCEEDINGS 

ered  by  red  tape  and  cumbersome  regulations,  that  for  the  past  two  years 
with  a  few  notable  exceptions,  (and  these  largely  of  the  placer  in- 
dustry), the  extensive,  and  largely  the  intensive,  development  of  Alas- 
kan resources  has  been  at  least  at  a  standstill. 

What  Alaska  Needs. 

Alaska  can  be  put  in  a  most  healthful  and  enviable  position  if  she 
can  be  given  a  helpful  administration  of  existing  laws,  in  the  spirit  in 
which  they  were  enacted.  Such  a  policy,  once  adopted  towards  Alaska, 
would  necessarily  bring  with  it  the  prompt  and  intelligent  amending  of 
laws  which  are  susceptible  of  amendment,  and  the  enactment  of  new 
legislation,  as  it  may  be  required. 

The  men  in  charge  of  the  administration  of  the  law,  should  be 
granted  needful  authority  to  locally  administer  the  laws  which  now 
exist,  with  full  knowledge  of  the  spirit  and  intent  of  that  law,  and 
questions  which  would  not  deserve  serious  attention  of  a  town  council, 
should  not  be  referred  to  Washington  to  pursue  a  tedious  course 
through  various  bureaus  of  the  departments,  before  appropriate  action 
can  be  taken. 

An    Invidious    Comparison. 

If  the  Federal  Government  and  people  at  large  desire  to  see 
Alaska  develop,  and  her  important  resources  made  tributary  to  the 
National  and  Commercial  needs  of  the  States,  then  let  them  pattern 
somewhat  after  the  policy  of  the  Dominion  Government,  which  is  mak- 
ing such  marvelous  strides  in  the  upbuilding  of  her  empire  in  the 
Northland.  By  a  policy  of  encouragement  to  settlers  and  prospectors, 
granting  the  local  officials  full  authority  to  deal  promptly  and  fearlessly 
with  local  conditions  that  arise  in  the  enforcement  and  administration 
of  the  law.  Let  these  officials  understand  that  every  proper  act  will 
be  promptly  approved,  successful  administration  rewarded  by  promo- 
tion, and  every  blunder  by  prompt  dismissal.  Let  our  prospectors  un- 
derstand that  our  Government,  like  that  of  Canada,  desires  to  see  her, 
resources  developed  along  lines  that  will  secure  the  greatest  good 
for  the  greatest  number  of  persons,  and  let  capital  be  safeguarded, 
but  duly  warned  that  monopoly  and  commercial  oppression  in  any  form 
will  not  be  tolerated,  and  Alaska  will  promptly  respond  by  pouring 
her  treasures  into  the  lap  of  the  American  people. 

Needed  a  Policy. 

While  this  Committee  has  been  studying  somewhat  closely,  and 
would  have  been  glad  to  have  presented  to  this  Congress,  if  desired, 
a  more  technical  analysis  of  existing  laws,  it  is  our  firm  belief  that  the 
vital  question  in  Alaska  at  the  present  time  is  not  a  matter  of  tech- 
nical construction  and  amendment  of  existing  statutes,  but  one  of  high 
administrative  policy  to  be  adopted  at  this  critical  point  in  her  history. 

This,  then,  is  our  report  to  the  American  Mining  Congress: 

"ALASKA'S  PRESENT  NEED  IS  A  NEW  ADMINISTRATIVE 
POLICY  RATHER  THAN  ADDITIONAL  LEGISLATION." 

Let  this  statement  be  received  in  no  sense  as  a  reflection.  Alas- 
kans are  not  inclined  to  quarrel  with  the  past.  Their  faces  are  set 
towards  the  future.  We  believe  that  the  time  has  now  come,  with  the 
fund  of  information  which  now  for  the  first  time  is  available  to  the 
Federal  Government,  when  such  a  policy  can  be  correctly  annunciated. 
A  vigorous,  intelligent  and  helpful  administration  of  existing  laws,  will 
early  solve  the  present  problems  of  the  coalfields,  the  railroads,  the 
forest  reserves  and  the  fisheries  of  Alaska,  and  will  indicate  from  time 
to  time  further  legislative  steps. 


AMERICAN  MINING  CONGRESS  81 

We  will  go  further  and  say  that  only  in  this  manner  can  we 
learn  what  additional  legislation  will  be  needed. 

Clearly  it  will  be  better  for  Alaska  to  be  given  a  helpful  and  in- 
telligent application  of  inadequate  or  even  inappropriate  laws,  rather 
than  to  continue  in  the  present  condition. 

Reason  for  Hope. 

Your  Committee  indulges  in  a  lively  hope  that  this  proposition  has 
found  firm  lodgment  in  the  minds  of  the  men  upon  whose  early  action 
the  solution  depends,  for  the  reason  that,  in  addressing  one  of  the  most 
representative  audiences  ever  gathered  in  the  Northwest,  one  of  the 
President's  official  family,  a  few  days  ago,  upon  his  return  from 
Alaska,  stated  in  effect: 

"From  this  time  on  I  will  expect  my  representatives  in 
Alaska  to  deal  promptly  and  effectively  with  local  conditions 
which  shall  require  such  action,  with  the  full  expectation  on 
their  part,  that  their  action  will  either  be  promptly  approved 
at  Washington,  or  their  resignations  accepted." 
It  is  our  belief  that  a  large  share  of  the  present  success  of  the 
Dominion  Government  is  based  upon  the  fact  that  they  have  found  that 
their    representatives    in    the    Northwest,    both    great    and    small,    are 
worthy  of  being  so  trusted,  and  we  assuredly  believe  that  American 
citizens  deserve  the  same  treatment. 

The  Leasing  System. 

Both  President  Taft  and  Ex-President  Roosevelt  have  endorsed 
the  general  proposition  of  a  leasing  system  for  coal  lands.  We  recog- 
nize the  popular  demand  at  this  time  for  some  such  system,  and  are  not 
opposed  to  its  adoption,  if  it  can  be  made  uniformly  applicable  to  un- 
appropriated coal  lands  throughout  the  United  States  as  well 
as  Alaska.  There  are  now  in  Alaska  unappropriated  and  reserved  from 
location  by  executive  order,  one  thousand  square  miles  out  of  twelve 
hundred  square  miles  of  known  coal  area,  as  distinguished  from  large 
districts  which  have  not  been  visited  by  the  prospector,  and  that  there 
are  within  the  United  States,  exclusive  of  Alaska,  according  to  the 
report  of  President  Taft,  95,515,000  acres  of  coal  lands  now  with- 
drawn by  executive  order. 

A  general  leasing  plan,  therefore,  if  brought  to  a  successful  solu- 
tion, would  be  applicable  to  80  per  cent  and  we  believe  to  fully  90  per 
cent  of  the  known  coal  lands  in  Alaska. 

Royalty  on  Coal. 

The  belief  seems  to  have  gained  ground  that  Alaskans  have  ob- 
jected to  a  leasing  plan  for  the  reason  that  they  do  not  wish  -to  subject 
the  coal  to  a  fixed  royalty,  or  tax,  per  ton.  This  is  not  in  any  sense 
the  case.  Not  only  have  Alaskans  no  objections  to  the  imposition  of  a 
reasonable  tax  per  ton  upon  coal  exported,  but  they  have  gone  so  far 
as  to  publicly  suggest  such  a  fixed  revenue,  on  condition,  however,  that 
the  proceeds  be  appfied  to  the  construction  of  needful  roads  in  the 
mining  districts,  the  building  of  school  houses  and  other  expenditures 
in  Alaska.  We  have  found  a  well-rooted  objection  to  taxing  the  pro- 
ducts of  Alaska  for  the  benefit  of  the  States,  and  it  would  seem  that 
this  objection  is  well  grounded  in  the  principles  of  true  conservation 
in  the  opening  up  of  a  new  country. 

The  Rights  of  the  Discoverers. 

For  two  years  this  committee  has  conducted  hearings  and  personal 
investigations,  and  has  been  made  intimately  conversant  with  a  large 


82  OFFICIAL  PROCEEDINGS 

majority  of  pending  coal  entries  in  Alaska.  Some  of  the  claimants 
have  given  in  greatest  detail  the  history  of  their  locations,  amounts 
expended,  sources  of  the  moneys  received,  and  plans  for  the  future, 
and  we  know  that  a  most  rigid  investigation  will  reveal  honor  as  well 
as  fraud,  good  faith  as  well  as  corrupt  motives,  and  valid  entries  as 
well  as  those  which  should  be  rejected.  These  men  have  acted  upon 
the  invitation  of  the  Government,  and  it  should  now  respect  its  contract. 

Honest  Money  Invested. 

These  men  have  spent  in  the  aggregate  fully  a  million  and  a  half 
dollars  and  years  of  effort  in  the  prospecting  and  developing  the 
coal  resources  of  Alaska.  They  are  for  the  most  part  men  of  moderate 
means,  and  they  are  entitled  to  be  given  the  patents  which  the  law  of 
the  location  promised.  There  should  be  reasonable  restrictions,  of 
course,  but  the  present  claimants  should  be  given  such  title  as  will  en- 
able them  to  raise  the  necessary  development  funds  by  selling  bonds 
based  upon  their  title. 

Of  the  million  and  a  half  dollars  which  we  estimate  has  been  so 
raised  and  expended  by  these  men,  and  their  friends  and  associates  in 
the  States  who  have  backed  their  efforts,  we  do  not  include  a  single 
dollar  coming  from  any  source  which  could  in  any  way  be  criticized  or 
made  a  subject  of  suspicion  or  innuendo  by  any  member  of  this  Congress. 

In  ascertaining  the  sentiment  of  Alaskans  on  the  proposed  leasing 
system,  the  committee  has  been  surprised  to  find  that  those  interests 
which  have  in  the  past  been  freely  charged  with  a  desire  to  monopolize 
the  coal  lands  of  Alaska,  are  today  fostering,  and  in  some  cases  ad- 
vocating the  adoption  of  a  leasing  system.  This  committee  is  in  no 
way  opposed  to  any  of  the  interests  operating  in  Alaska.  We  believe 
that  the  investment  of  large  capital  should  be  encouraged.  It  is,  how- 
ever, a  fact,  that  for  the  last  fifteen  or  sixteen  months  the  leasing 
plan  has  been  openly  favored  by  certain  of  these  interests. 

Human  nature  and  the  desires  of  "big  business"  are  sometimes 
selfish,  and  we  sound  a  note  of  warning  lest,  taking  advantage  of  a 
present  popular  clamor  for  the  leasing  system,  and  with  less  expense 
to  themselves,  by  ignoring  the  rights  of  the  discoverers,  a  monopoly 
of  production  of  the  Alaska  coal  fields  may  not  be  more  readily  brought 
about  under  a  leasing  system,  than  by  a  rigid  enforcement  of  the  anti- 
monopoly  clause  of  the  Act  approved  May  28,  1908. 

We  submit,  that  to  force  at  least  a  large  number  of  Alaska  coal 
claimants  to  accept  leases  to  the  lands  to  which  the  law  entitles  them 
to  receive  patent,  will  absolutely  confiscate  their  holdings.  And  fur- 
ther, if  they,  the  men  of  Alaska,  be  eliminated,  your  committee  is 
firmly  convinced  that  the  result  will  give  the  control  of  the  Alaska 
coal  fields  to  the  transportation  companies  and  their  proteges,  and  that 
such  companies,  now  existing,  and  yet  to  be  formed,  without  being 
obliged  to  recompense  or  reimburse  the  men  who  have  discovered  and 
opened  up  these  fields,  will  be  able  to  effect  a  monopoly  of  production 
of  the  Alaska  coal  fields,  more  sweeping  and  iron  clad  than  would  be 
possible  under  a  rigid,  but  helpful  enforcement  of  the  Act  of  May  28, 
1908. 

We  find  that  Alaskans  generally  are  endorsing  the  recommenda- 
tion of  the  President  and  of  the  Secretary  of  the  Interior  for  the  crea- 
tion of  a  Land  Court.  They  have  come  to  recognize  this  as  the  proper 
method  for  the  determination  of  contests  to  which  the  Government  is 
a  party. 

A  Land  Court  Endorsed. 

The  officers  of  the  General  Land  Office  should  no  longer  be  forced 
to  act  in  the  treble  role  of  detective,  prosecutor  and  judge. 


AMERICAN  MINING  CONGRESS  83 

The  Special  Agent. 

We  submit  that  the  claimants  to  Alaska  coal  lands  and  mineral 
lands,  are  entitled  to  have  their  rights  determined  as  speedily  as  pos- 
sible, and  by  an  impartial  tribunal.  The  proposed  Land  Court  could 
promptly  distinguish  between  valid  and  fraudulent  entries,  and  do 
justice  to  the  claimants,  and  at  the  same  time  provide  a  fuel  supply 
for  Alaska,  the  Pacific  coast  and  the  American  navy. 

A  percentage  of  the  Government  Agents  who  have  been  called  upon 
to  make  important  reports  upon  Alaskan  matters,  have  actually  visited, 
in  Alaska  the  subject  matter  of  their  reports.  A  very  considerable 
number  have  not  visited  Alaska,  but  have  written  their  Alaska  reports 
in  Seattle,  while  some,  more  venturesome  spirits  have  endured  the 
perils  of  a  steamboat  trip  to  the  Capitol  of  Alaska. 

It  might  be  well  if  it  were  generally  known  that  Special  Agents 
L.  R.  Glavis  and  Horace  T.  Jones,  whose  reports  upon  Alaska,  and  at- 
tacks upon  the  character  and  integrity  of  Alaskans  have  been  so  widely 
quoted,  have  never  been  within  five  hundred  miles  of  the  coal  fields  of 
Alaska,  and  your  committee  have  personally  talked  with  Special  Agents 
in  the  coal  matters,  who  would  not  recognize  a  coal  mine  if  they  were 
transported  thither  in  a  Pullman  car. 

We  write  it  down  as  an  axiom  that  wherever  an  Agent  of  the 
Government  has  actually  visited  in  Alaska,  the  subject  of  his  investi- 
gations, be  it  coal,  fisheries  or  otherwise,  has  met  on  the  ground  the 
men  whose  business  he  was  inspecting,  and  has  informed  himself  as 
to  the  actual  facts  and  conditions  surrounding  the  case,  that  his  report 
has  been  broad  and  liberal  in  its  character,  and  helpful  in  its  results. 

On  the  other  hand,  these  reports  which  have  handicapped  and  in- 
jured Alaskans,  and  which  are  largely  responsible  for  current  misin- 
formation on  Alaskan  subjects,  have  been  written  in  the  "wilds"  of 
Seattle,  and  amplified  by  men  who  have  braved  the  hardships  of  Wash- 
ington, D.  C. 

Read  the  following  press  dispatch  quoting  the  President's  repre- 
sentatives: 

Cabinet   Officers   Impressed. 


"ALASKA   CONVERTS    CABINET    OFFICERS. 


Wickersham    and    Nagel    Come    to  See    'Little    Place'    Find 
Empire. — Realize  Need  of  Coal. 


"Attorney-General   Predicts   President   Will   Have   Something 
to   Say  on  Hearing  Their   Report. 

"Cordova,  Sept.  1. — Attorney  General  George  W.  Wicker- 
sham  and  Secretary  of  Commerce  and  Labor,  Charles  Nagel, 
sailed  for  Seattle  today  on  the  Government  Seamship  Alba- 
tross. They  are  due  at  Seattle  Monday.  Both  officials  said 
they  were  unable  to  express  their  surprise  at  the  wonderful 
things  they  had  seen  in  Alaska. 

"THEIR  SURPRISE. 

"  'We  came  to  see  a  little  place  Alaska,  but  discovered  an 
Empire,'  said  Attorney  General  Wickersham.  'I  realize  more 
and  more  the  importance  of  opening  the  coal  lands,  and  after 
we  have  a  talk  with  the  President,  he  may  have  some  recom- 
mendations that  will  result  in  straightening  out  the  present 
tangle. 

"  'The  one  great  need  of  Alaska  is  railroad  transporta- 
tion, as  upon  it  depends  the  adequate  development  of  Alaska's 
mineral  and  agricultural  lands.  It  is  evident  that  this  trans- 
portation cannot  be  furnished  until  the  coal  lands  are  opened 


84  OFFICIAL  PROCEEDINGS 

up,  for  cheap  coal  is  required  to  operate  a  railroad.  I  am 
in  hopes-  that  something  will  be  done  in  this  matter  this 
winter.' 

"WANTS  TO  COME  AGAIN. 

"Secretary  Nagel  said  that  he  hopes  to  be  able  to  return  to 
Alaska  next  year,  and  Mr.  Wickersham  expressed  the  same 
wish.  Both  expressed  gratification  at  the  cordial  welcome 
given  them  by  Alaskans,  and  said  that  as  a  result  of  their 
visit,  they  are  now  more  able  to  understand  Alaska's  needs." 
— Seattle  Post  Intelligencer,  Sept.  28,  1910. 

Our  Recommendations. 

First — The  New  Policy,  and  the  helpful  and  intelligent  enforce- 
ment and  amplification  of  present  laws,  including  the  law,  intended, 
as  its  title  states,  "To  encourage  the  development  of  coal  deposits  in 
Alaska."  To  aid  in  this  we  believe  in  the  creation  of  a  Land  Court, 
as  proposed.  We  believe  that  such  a  tribunal  can  determine  these 
questions  uninfluenced  by  popular  clamor,  and  its  decisions  will  be 
readily  adopted  by  the  people  at  large. 

Second — We  feel  that  the  most  urgent  demand  of  Alaska  is  for 
the  opening  of  her  coal  properties.  While  unquestionably,  transporta- 
tion throughout  Alaska  is  the  greatest  present  necessity  for  the  mining 
industry;  coal  must  be  provided  before  we  have  the  transportation 
facilities. 

Third — No  policy  for  the  development  of  Alaska  will  be  well 
founded  or  can  long  endure  which  does  not  recognize  as  an  essential 
principle,  the  rights  of  the  discoverer  and  of  the  pioneer;  that  while 
Alaska  invites,  and  must  make  attractive  the  investment  of  large  cap- 
ital, she  must  at  the  same  time  make  an  equal  appeal,  and  equally 
safeguard  and  encourage  the  pioneer  and  the  prospector. 

Your  committee  does  not  believe  that  it  has  improperly  empha- 
sized the  coal  question  in  Alaska,  for  without  coal,  railroads  cannot 
be  operated,  copper  and  other  precious  metals  cannot  be  transportated 
and  locally  treated,  and  with  the  building  of  railroads  will  come  the 
development  of  the  great  quartz  resources  of  Alaska,  and  this  in  turn 
will  provide  a  local  market  which  should  in  time  populate  the  fertile 
valleys  of  Alaska  with  prosperous  farming  and  stock  raising  commun- 
ities. 

Respectfully  submitted, 

COMMITTEE   ON   ALASKA   MINING   LAWS. 
HENRY  R.   HARRIMAN,  Chairman. 
JOHN  L.   STEELE. 
MAURICE   D.    LEEHEY,    Secretary. 

MR.  McCARDY,  of  Minnesota:  Mr.  President,  I  move  .that  the 
report  be  accepted  and  referred  to  the  Committee  on  Resolutions. 

Motion  seconded  and  carried  unanimously. 

PRESIDENT  BUCKLEY:  We  will  now  have  an  opportunity  to 
listen  to  the  report  of  the  Committee  on  Resolutions  covering  the 
question  of  conservation,  and  I  wish  before  that  resolution  is  read  to 
make  a  statement  to  those  who  are  present  and  expect  to  participate 
in  the  discussion  of  this  resolution.  First,  we  will  expect  to  adjourn 
at  the  usual  hour,  twelve  o'clock.  A  discussion  of  this  report  will  be 
continued  this  afternoon,  and  it  might  be  desirable  that  you  have  an 
opportunity  to  look  over  the  report  before  taking  part  in  the  discus- 
sion. I  wish  also  to  say  that  the  participants  in  the  discussion  of  this 
resolution  will  be  limited  to  ten  minutes,  and  that  no  one  will  have  an 
opportunity  to  discuss  this  resolution  a  second  time  until  every  one 


AMERICAN  MINING  CONGRESS  85 

has  an  opportunity  to  be  heard.  Now,  I  trust  that  you  will  observe 
this  ruling,  and  I  also  trust  that  no  one  who  wishes  to  speak  will  ask 
for  a  continuance  beyond  the  time  limit  set  until  everyone  has  had 
an  opportunity  to  be  heard  upon  the  subject.  I  make  this  as  a  request, 
and  I  also  make  it  as  a  ruling,  and  I  trust  that  it  will  be  observed  in 
this  discussion. 

COLONEL  GEORGE  W.  E.  DORSET:  Mr.  President,  the  Com- 
mittee on  Resolutions  has  had  under  consideration  all  questions  re- 
ferring to  conservation.  I  have  here  a  substitute  report  covering  all 
those  resolutions.  Some  of  them,  where  there  was  repetition,  were  laid 
aside.  -  I  will  ask  the  Secretary  to  read  the  report,  and  will  say  that  all 
the  resolutions  offered  are  on  the  table  of  the  Secretary  and  can  be 
taken  up  during  the  time  of  this  discussion. 

The  Secretary  thereupon  read  said  report,  which  is  as  follows: 

TO  THE  AMERICAN  MINING  CONGRESS: 

Your  Committee  on  Resolutions  having  had  under  consideration 
various  resolutions  referred  to  it  having  reference  to  the  subject  of 
conservation,  being  respectively  Resolutions  numbered  10,  12,  22,  24, 
25,  11,  13  and  16,  do  respectively  make  the  following  report: 

As  a  committee  of  the  whole  we  have  adopted  the  report  of  the 
Sub-Committee  on  Conservation,  which  is  hereto  attached,  and  do 
to  commend  the  adoption  of  same  by  this  Congress. 

GEO.  W.  E.  DORSET,  Chairman. 
JOS.  A.   JENNINGS,   Secretary. 
Los  Angeles,  September  30,  1910. 

TO  THE  COMMITTEE  ON  RESOLUTIONS, 

AMERICAN  MINING  CONGRESS: 

Your  Sub-Committee  on  Conservation,  having  had  under  consid- 
eration the  various  resolutions  referred  to  it,  do  respectfully  make  the 
following  report: 

We  recommend  the  adoption  of  the  following  resolutions: 

Substitute  for  Resolution  No.    10. 

Resolved,  That,  in  common  with  citizens  of  the  United  States  en- 
gaged in  other  industries,  we  approve  the  theory  and  practice  of  true 
conservation,  which  means  utilization  and  developing  with  the  least 
possible  waste,  the  natural  resources  of  our  country. 

We  recognize,  as  men  engaged  in  one  of  the  most  important  indus- 
tries of  our  country  the  value  of  true  conservation  and  its  intimate  re- 
lation to  the  mining  interests,  and  recommend  the  enactment  of  such 
legislation  both  state  and  national,  as  will  bring  about  a  beneficial 
development  of  the  mines,  the  public  lands,  the  public  water  rights, 
and  the  timber  contained  within  our  great  western  country  for  the  best 
interests  of  the  present  and  future  generations  without  unnecessary 
waste. 

We  condemn,  however,  as  unwise,  as  opposed  to  the  oest  interests 
of  the  American  people,  and  as  wholly  unnecessary  to  the  success  of 
any  plan  of  true  conservation,  legislation  or  proposed  legislation  which 
tends  to  make  the  miners  and  other  citizens  of  the  public  land  states 
who  invest  their  time,  labor  and  capital  in  the  development  of  the  na- 
tural resources  contained  within  such  states,  lessees  of,  or  tribute  pay- 
ers to  the  National  Government. 

We  believe  that  every  legitimate  means  should  be  adopted  in  the 
control  of  public  lands  to  eradicate  or  lessen  the  evils  of  monopoly, 
but  fail  to  find  in  any  of  the  remedies  suggested  by  the  advocates  of 
the  leasing  system  how  this  can  be  accomplished  by  changing  the  pres- 
ent laws  so  as  to  take  from  the  citizen  a  clear  title  and  substitute 
therefor  a  lease. 


86  OFFICIAL  PROCEEDINGS 

Substitute  for  Resolution   No.    12. 

Whereas,  The  laws  relating  to  Forest  Reserves  provide  that  noth- 
ing therein  contained  shall  prohibit  any  person  from  entering  upon 
such  forest  reservations  for  all  proper  and  lawful  purposes,  including 
that  of  prospecting,  locating,  and  developing  the  mineral  resources 
thereof,  and 

Whereas,  Reports  have  been  made  from  time  to  time  to  this  Con- 
gress, that  in  the  administration  of  the  rules  and  regulations  of  the 
Forest  Service  in  many  instances,  mining  and  prospecting  have  been  dis- 
couraged within  the  Forest  Reserves,  and  miners  and  prospectors  have 
been  hampered  and  interfered  with  in  the  exercise  of  their  lawful 
vocation,  and 

Whereas,  Assurances  have  been  made  to  this  Congress  by  repre- 
sentatives of  the  Forest  Service  that  in  their  administration  of  the  laws 
relating  to  the  public  lands  under  their  jurisdiction  they  will  in  no 
manner  discriminate  or  interfere  with  the  legal  right  of  prospectors  and 
miners,  but  will  aid  and  assist  them  in  the  development  of  the  mineral 
resources  within  the  Forest  Reserves. 

Therefore,  Resolved,  That  in  reaffirming  the  right  of  every  pros- 
pector who  is  a  citizen  of  the  United  States,  or  who  has  declared  his  in- 
tentions of  becoming  such  to  enter  upon  and  prospect  every  part  of  the 
public  domain,  we  suggest  and  recommend  a  spirit  of  greater  harmony 
and  co-operation  between  the  prospector  and  miner  upon  one  side,  and 
the  officials  of  the  Government  on  the  other. 

We  further  recommend  that  the  laws  relating  to  the  public  domain 
and  particularly  that  part  of  the  public  domain  lying  within  the  Forest 
Reservations,  be  administered  without  burdensome  and  discouraging 
departmental  rules  and  regulations  and  in  such  a  manner  as  to  foster 
and  encourage  the  mining  industry. 

We  condemn  the  actions  of  any  class  of  citizens  who  go  upon  the 
forest  reserves,  or  other  public  lands,  for  the  purpose  of  locating  fic- 
titious mining  claims  in  order  to  obtain  the  timber  contained  thereon, 
but  we  ask  Congress  to  protect  the  miner  and  prospector  in  the  de- 
velopment of  the  mineral  resources  by  the  enactimeut  and  enforcement 
of  such  laws  as  will  give  them  the  right  to  use  such  timber  and  other 
products  of  the  soil  from  the  public  domain  as  may  be  necessary  in  the 
proper  development  of  their  mines. 

As  a  Substitute  for  Resolution  No.  22. 

Resolved,  That,  recognizing  that  the  right  to  appropriate  to  a 
beneficial  use,  waters  upon  the  public  lands,  is  fully  recognized  by 
Congress  and  the  Courts  to  be  wholly  governed  by  the  laws  of  the 
state  wherein  such  waters  are  located,  and 

That  the  development  of  mines  and  the  mining  industry  in  many 
sections  of  our  country  is  largely  dependent  upon  the  use  of  water 
power,  and  that  there  are  large  amounts  of  undeveloped  water  power 
now  running  to  waste  on  the  public  domain  which  in  the  interest  of 
true  conservation  should  be  utilized  and  put  to  a  beneficial  use,  and 

Recognizing  further,  that  the  National  Government  is  the  owner 
of  large  quantities  of  lands  bordering  upon  and  adjacent  to  streams, 
the  waters  of  which  belong  to  and  are  under  the  control  of  the  states, 
and  that  by  reason  of  such  diversity  of  ownership  and  the  different 
construction  placed  upon  existing  laws  relating  thereto,  water  power 
development  in  the  West  has  practically  ceased,  and 

Recognizing  further,  the  great  expense  necessarily  incurred  in  the 
construction  of  water  power  plants  in  the  mining  regions,  which  in- 
volves in  most  cases  an  expenditure  of  several  million  dollars;  the  un- 
certain markets  for  power  presented  by  the  mining  districts;  and  the 
great  benefits  derived  by  the  mining  industry  by  the  construction  of 
such  plants, 

We  therefore  recommend,  that  the  laws  be  speedily  enacted  which 
shall  definitely  and  accurately  define  the  rights  of  citizens  to  utilize 


AMERICAN  MINING  CONGRESS  87 

and  put  to  a  beneficial  use  the  waters  of  the  streams  and  the  rights- 
of-way  on  public  lands  adjacent  thereto  for  water  power  purposes,  and 
that  such  laws  provide  for  the  concurrent  use  of  the  rights-of-way  so 
long  as  the  water  rights  are  put  to  a  beneficial  use  under  the  laws  of 
the  state,  or  for  a  sufficient  length  of  time  to  enable  those  who  engage 
in  their  development  to  secure  a  reasonable  return  upon  their  invest- 
ment. 

We  believe  and  therefore  recommend,  that  for  the  purpose  of 
harmonizing  all  interests  and  bringing  about  a  proper  development  of 
water  power  freed  from  monopolistic  influences,  all  water  power  sites 
upon  the  public  domain  should  be  under  the  control  and  supervision 
of  the  respective  states,  wherein  said  sites  are  located. 

As  a  Substitute  for  Resolution  No.  35. 

Resolved,  That  any  conservation  policy  which  places  obstacles  or 
restrictions  in  the  way  of  the  free  and  unrestricted  prospecting  and  lo- 
cation of  metalliferous  mineral  lands,  or  which  favors  any  lease  or 
royalty  upon  the  future  tenure  and  production  of  such  locations,  is 
inimical  to  the  development  of  our  country's  resources,  represents  a 
step  backward,  and  strikes  directly  at  the  welfare  and  prosperity  of 
the  entire  mining  industry. 

Resolved  Further,  That  we  endorse  the  work  of  the  Forest  Ser- 
vice in  its  efforts  to  preserve  and  maintain  a  rational  consumption  of 
the  Nation's  timber  resources,  but  we  are  unqualifiedly  opposed  to  any 
and  all  withdrawals  of  legislation  which  will  in  any  way  interfere  with 
the  free  prospecting,  location  of,  or  production  from  mining  claims. 

As  a  Substitute  for  Resolution  No.  24. 

Resolved  that  this  Congress  believes  that  the  best  interests  of  all 
the  people  will  be  conserved  by  State  regulation  and  control  of  all 
natural  resources  within  the  boundaries  of  each  and  every  state,  in 
the  very  largest  measure  compatible  with  present  Federal  statutes. 

We  have  had  under  consideration  Resolutions  Nos.  11,  13  and  16 
and  do  respectfully  recommend  the  same  do  not  pass. 

-Respectfully  submitted, 

CHARLES  F.  POTTER, 
LYMAN  A.  SISLEY, 
GEO.  H.  UTTER, 
O.   H.   PICHER, 
WALTER  HARVEY  WEED, 
Sub-Committee  on  Conservation. 

COLONEL  DORSE Y:  Mr.  President,  as  there  will  no  doubt  be 
extended  debate  upon  this  question,  and  I  have  heard  the  statement 
of  the  Chair  that  ten  minutes  is  allotted  to  each  one,  I  will  yield  now 
to  Mr.  Potter  of  Colorado  who  will  open  the  debate.  I  move  the  adop- 
tion of  the  substitute  that  has  just  been  read  for  Resolution  No.  10. 

Motion  seconded. 

PRESIDENT  BUCKLEY:  The  motion  is  made  and  seconded  that 
this  Congress  adopt  the  Committee's  substitute  for  resolution  No.  10. 
Are  there  any  remarks? 

COLONEL  DORSEY:    I  yield  to  Mr.  Potter  of  Colorado. 

PRESIDENT  BUCKLEY:  We  will  hear  from  Mr.  Potter  of  Colo- 
rado. 

MR.  CHARLES  F.  POTTER,  of  Colorado:  Mr.  President,  when 
the  State  of  Colorado  was  called  to  respond  to  the  greetings  extended 


88  OFFICIAL  PROCEEDINGS 

by  the  State  of  California  and  the  City  of  Los  Angeles,  the  Sierra 
Madre  Club  and  others  of  this  grand  empire  upon  the  Pacific  coast  the 
Colorado  delegation  modestly  refrained  from  saying  anything.  We 
want  to  tell  you  now,  however,  that  Colorado's  greeting  to  this  Con- 
gress is  expressed  in  the  resolutions  which  have  just,  been  read  and 
which  I  hope  you  will  debate,  and  in  the  few  remarks  I  may  be  able 
to  make  to  you  with  respect  to  them. 

The  limited  time  given  me  today  to  talk  upon  this  important  sub- 
ject makes  it  quite  necessary  to  eliminate  a  great  many  matters  which 
might  be  of  interest  to  us;  but  in  order  that  I  might  not  be  misunder- 
stood, and  in  order  to  deal  with  facts  and  not  theories,  I  have  prepared 
a  short  paper  which  I  will  read  to  you,  in  the  hope  that  it  may  en- 
lighten you,  as  it  has  me,  with  reference  to  this  important  subject. 

Mr.  Potter's  paper  will  be  found  on  page  309  of  this  report. 

COLONEL  DORSET:      Mr.  President,  I  move  that  we  take  a  re- 
cess until  two  o'clock,  when  this  discussion  can  be  resumed. 
Motion  seconded  and  carried. 
A  recess  was  thereupon  taken  until  2  o'clock  P.  M. 


THURSDAY,  SEPTEMBER  29,  1910. 

Afternoon  Session. 

PRESIDENT  BUCKLEY:  The  Congress  will  please  come  to 
order. 

We  will  now  listen  to  the  report  of  the  Committee  on  Mine  Acci- 
dents, by  J.  Parke  Channing,  of  New  York.  Mr.  Channing  is  obliged 
to  leave  tomorrow  morning  before  the  session  opens,  and  out  of  court- 
esy to  the  President  and  to  Mr.  Channing,  who  represents  the  President 
here,  I  wish  to  ask  the  indulgence  of  the  Congress  to  have  him  appear 
at  this  time. 

MR.  CHANNING:  Mr.  President  and  Members  of  the  American 
Mining  Congress:  I  wish  to  express  to  you  the  regret  of  Mr.  W.  R. 
Ingalls,  who  is  chairman  of  this  committee  and  is  unable  to  be  present. 
He  has  asked  me  to  formally  present  the  report,  I  being  one  of  the 
committee.  It  has  been  formally  presented  and  printed,  and  it  is  now 
left  for  you  to  give  it  careful  consideration  and  make  such  suggestions 
and  amendments  as  you  thing  proper.  Our  idea  was,  as  well  as  the 
five  of  us  could,  to  produce  a  general  draft  which  would  be  applicable 
everywhere  and  then  give  a  long  period  for  it  to  be  discussed.  Mr.  In- 
galls has  sent  on  a  few  remarks  of  his  own  for  me,  which  I  will  read  to 
you,  which  give  rather  fully  his  ideas  and  those  of  the  committee: 

"In  the  preparation  of  this  draft,  the  committee  recog- 
nized fully  the  difficulty,  and,  perhaps,  the  impossibility,  of 
outlining  a  law  for  uniform  adoption  by  the  mining  States, 
which  would  be  of  equitable  operation  in  all.  The  conditions 
of  mining  in  this  great  country  are  so  diverse  that  measures 
entirely  reasonable  in  one  district  might  be  far  too  harsh  and 
vextatious  in  another.  Morever,  there  are  many  districts  in 
in  which  practices  of  mining,  admittedly  dangerous,  have  be- 
come so  deeply  ingrown,  that  any  enactment  suddenly  render- 
ing them  illegal  cannot  lightly  be  made. 

"The  difficulties  of  drafting  a  uniform  law  are  increased 
by  some  of  our  constitutional  limitations.  For  this  reason 
many  of  the  provisions  incorporated  in  the  laws  of  foreign 
countries  cannot  be  introduced  here.  A  legislature  cannot 
delegate  its  right  to  legislate  and  the  authority  of  the  mine  in- 
spector must  be  carefully  prescribed  by  the  law.  It  is  con- 
sequently difficult  to  guard  by  legislation  against  certain  dan- 


AMERICAN  MINING  CONGRESS  89 

gers.  For  example,  there  is  the  danger  of  opening  a  large 
stope  too  near  the  surface,  or  some  other  working,  running 
the  risk  of  a  break-through  (an  accident  that  recently  hap- 
pened) ;  or  in  open-cast  mining  of  working  men  alongside  of 
a  bank  too  high  and  too  steep,  exposing  them  to  the  danger  of 
a  slide.  The  entire  system  of  mining  by  the  caving  system 
is  subject  to  risks  that  cannot  be  formulated  on  paper,  and, 
indeed,  about  the  same  may  be  said  with  respect  to  timbering 
in  all  kinds  of  mining.  We  are  not  yet  ready  to  clothe  our 
mine  inspectors  with  authority  /to  order  summarily  the  sus- 
pension of  operations  that  in  their  opinion  may  be  dangerous, 
which  probably  could  be  done  under  the  police  power,  and 
consequently  the  committee  found  it  necessary  to  provide  for 
a  milder  and  slower  procedure  in  such  contingencies.  A  con- 
sideration of  these  principles  will  probably  account  for  what 
at  first  sight  may  appear  to  be  omissions  on  the  part  of  the 
committee. 

"However,  the  ideas  of  the -committee  with  respect  to  leg- 
islation are  certainly  far  more  advanced  than  anything  existing 
upon  our  statute  books  insofar  as  metalliferous  mining  is 
concerned.  The  committee  proposes  no  mere  code  of  regula- 
tions, offered  as  suggestions,  which  may  be  obeyed  or  dis- 
obeyed largely  at  the  option  of  the  operator  and  miner,  but 
recommends  an  actual  law,  which  it  thinks  will  be  effective, 
specifically  fixing  responsibility  and  providing  for  penalties 
for  non-compliance.  The  enforcement  of  any  law  naturally 
depends  upon  the  means  therefor  provided,  and  the  committee 
is  consequently  of  the  opinion  that  the  essential  factor  toward 
progress  is  the  provision  of  an  adequate  system  of  mine  in- 
spection. We  may  safely  say  that  at  the  present  time  this 
is  not  possessed  by  any  metal-mining  State  in  this  country. 
If  the  report  of  the  committee  results  in  the  broadening  of  the 
views  of  legislators  in  this  respect,  much  will  be  gained." 

MR.  CHANNING  (continuing) :  From  my  own  point  of  view  I 
will  say  a  few  words  to  the  Congress.  One  of  my  earliest  experiences 
was  that  of  being  mine  inspector  in  Michigan,  and  therefore,  perhaps, 
I  may  be  justified  in  expressing  some  opinion  upon  the  subject,  for  I 
have  been  on  both  sides  of  the  fence. 

We  have  heard  a  great  deal  about  conservation.  There  is  one 
thing  in  this  country  that  we  do  not  conserve,  and  that  is  the  life  and 
the  health  of  the  human  being.  Particularly  is  this  so  in  mining,  and 
I  think  that  the  most  important  thing  that  we  should  look  forward  to 
is  the  conservation  of  the  life  and  the  health  of  the  men  underground. 
(Applause.)  The  only  way  in  which  this  can  be  done  is  by  good  min- 
ing laws  and  the  proper  execution  of  them. 

The  theory  has  been  advanced,  and  I  believe  that  every  thinking 
operator,  whether  it  being  in  mining  or  any  other  industry,  agrees 
with  it — that  every  industry  should  bear  the  responsibility  of  its  loss 
of  life  and  loss  of  capacity  to  work  of  its  men.  When  that  thing  is 
realized,  and  when  the  same  law  applies  to  everyone,  I  think  then,  of 
necessity,  more  care  will  be  exercised  in  looking  out  for  the  lives  of 
men.  I  think,  too,  that  the  money  that  will  be  paid  to  the  relatives 
of  a  dead  man  or  an  injured  man,  will  go  directly  to  them  or  to  him, 
and  that  they  will  not  be  under  the  necessity  of  engaging  a  lawyer 
and  perhaps  giving  the  lawyer  half  of  what  he  gets.  The  thing  cer- 
tainly should  be  put  on  a  careful  economic  basis,  and  it  is  going  to 
come  to  it.  Everybody  ought  to  be  ready  to  take  up  his  part  of  it  and 
see  that  he  does  it.  Now,  that  will  mean  that  we  will  have  to  be  more 
and  more  careful  on  the  part  of  the  operators  in  looking  out  for  the 
miner.  This  means,  in  the  first  place,  a  good,  careful  and  well  drawn 
law,  and  each  state  will  need  its  own  law.  The  laws  will  be  different 


90  OFFICIAL  PROCEEDINGS 

in  different  states,  and  that  is  one  reason  why  state  control  of  mine 
inspection  I  think  would  be  superior  to  federal  control. 

Another  thing  is  the  appointment  of  mine  inspectors.  The  posi- 
tion of  mine  inspector  must  not  be  the  reward  of  political  activity. 
The  position  of  mine  inspector  must  be  secured  because  of  the  great 
capacity  of  the  man  for  that  position,  and  that  means  that  you  will 
not  be  able  to  get  a  good  man  for  a  few  dollars;  you  will  have  to  pay 
him.  It  is  difficult  to  expect,  for  the  present  at  least,  in  the  United 
States  that  mine  inspectors  are  selected  from  the  same  high  grade  that 
they  are  selected  from  in  England  or  on  the  Continent.  In  England 
the  mine  inspector  for  a  district  is  the  peer,  if  not  the  superior,  of  all 
the  managers  under  him.  And  that  is  proper.  And  therefore,  under 
those  conditions,  an  immense  amount  of  latitude  can  be  given  to  a  man 
of  this  kind.  Of  course  in  this  country  we  are  not  far  enough  advanced 
that  we  will  be  able  to  engage  men  and  pay  them  such  large  salaries, 
but  certainly  we  should  not  expect,  as  is  being  expected  in  some  states, 
to  get  a  mine  inspector  for  the  small  pittance  of  $1,800  or  $2,000  a 
year. 

There  is  another  matter,  when  it  comes  to  the  execution  of  mining 
laws,  that  should  be  strongly  enforced,  and  that  is  the  responsibility 
of  the  miner  himself  for  any  infractions  of  the  rules.  Time  and  time 
again  when  I  was  mine  inspector  I  have  seen  men  commit  acts  which, 
perhaps,  at  that  particular  time,  caused  no  accident,  but  which  might 
at  other  times  have  caused  serious  accidents,  resulting  in  death  or 
injury  of  perhaps  the  man  himself  or  his  co-workers.  An  act  of  that 
kind,  under  most  of  the  mining  laws  at  the  present  time,  is  unpunish- 
ed. In  any  law  that  is  adopted  it  should  be  punished.  I  remember 
distinctly  in  the  English  law  it  provides  that  any  man  who  goes  into 
a  place  where  there  is  a  missed  hole  before  the  proper  time  has  ex- 
pired, that  man  is  liable,  and  can  be  brought  before  a  justice  of  the 
peace  and  either  fined  or  imprisoned.  We  should  have  a  sword  that 
would  cut  both  ways.  Let  it  be  drawn  upon  the  manager  or  the  sup- 
erintendent or  the  foreman  who  neglects  his  duty,  and,  to  a  certain  ex- 
tent, it  should  operate  against  the  man  who  endangers  not  only  his  own 
life  but  the  lives  of  his  fellow  workmen. 

REPORT  OF  THE  COMMITTEE  ON  PREVENTION  OF 
MINE  ACCIDENTS. 

To  the  American  Mining  Congress,  American  Institute  of  Mining  Engi- 
neers, Mining  and  Metallurgical  Society  of  America. 

The  committee  that  makes  this, report  was  appointed  at  the  meeting 
of  the  American  Mining  Congress,  *at  Denver,  Colo.,  in  November,  1906. 
The  appointment  had  in  view  the  drafting  of  a  law  for  the  regulation  of 
quarrying  and  metalliferous  mining  under  the  police  laws  of  the  States, 
with  the  hope  that  the  uniform  adoption  of  such  a  law  could  tend  to  reduce 
the  number  of  accidents  in  mining. 

Since  its  appointment,  the  committee  has  had  under  serious  and  con- 
tinuous consideration  the  matter  with  which  it  was  charged.  At  the 
meetings  of  the  American  Mining  Congress  in  1907,  1908  and  1909,  it 
reported  progress.  At  the  meeting  in  1909  it  was  authorized  to  present  its 
report  not  only  to  the  American  Mining  Congress,  but  also  to  the  American 
Institute  of  Mining  Engineers  and  the  Mining  and  Metallurgical  Society 
of  America,  and  to  present  its  report  in  printed  form  during  the  interim 
between  meetings  of  the  American  Mining  Congress. 

The  committee  collected  from  the  officials  of  the  States  of  the  Union 
copies  of  their  mining  laws.  With  the  assistance  of  the  Engineering  and 
Mining  Journal,  copies  of  the  laws  of  Great  Britain,  the  Transvaal,  New 
South  Wales,  Victoria,  Queensland,  Western  Australia,  Tasmania,  New 


AMERICAN  MINING  CONGRESS  91 

Zealand  and  certain  European  countries  were  also  obtained.  These  laws 
were  subjected  to  careful  study.  The  first  publication  of  the  committee 
was  a  summary  of  the  more  important  metalliferous  mining  laws  of  this 
country.  Upon  the  basis  of  the  existing  laws  of  the  States  of  the  Union, 
Great  Britain  and  the  English  speaking  colonies,  a  tentative  draft  was 
prepared  and  printed  in  limited  number  in  1909,  for  convenience  in  secur- 
ing the  advice  and  criticism  of  a  considerable  number  of  persons  en- 
gaged in  the  mining  industry.  In  this  way  valuable  suggestions  were 
received. 

At  the  request  of  the  chairman  of  this  committee,  Mr.  Frederick  L. 
Hoffman,  statistician  of  the  Prudential  Insurance  Company,  of  Newark, 
N.  J.,  summarized  and  reviewed  the  available  statistics  of  fatalities  in 
metalliferous  mining  in  the  United  States.  Mr.  Hoffman's  report  was 
published  in  the  Engineering  and  Mining  Journal  of  March  5,  1910,  and 
accompanies  this  report  as  appendix  B.  No  such  summary  of  fatal 
accidents  in  the  United  States  has  heretofore  been  compiled,  so  far  as  we 
are  aware. 

The  deficiencies  of  his  report  are  frankly  recognized  by  Mr.  Hoffman. 
He  has  made  the  most  out  of  the  data  available,  but  unfortunately,  to  the 
discredit  of  our  mining  industry,  the  available  data  are  scanty.  For  only 
six  States  has  it  been  possible  to  secure  statistics  extending  over  a  long 
series  of  years.  The  other  States  do  not  report  them.  Consequently,  the 
figure  reached  by  Mr.  Hoffman  must  be  regarded  as  indicative  rather  than 
as  absolute. 

The  probability  is,  however,  that  the  actual  ratio  of  fatal  accidents  in 
metal  mining  is  larger  than  the  figures  reported  by  Mr.  Hoffman,  because 
his  figure  is  based  chiefly  upon  the  States  which  have  provided  the  best 
mining  laws  and  the  best  systems  of  mine  inspection.  The  good  of  these 
things  is  clearly  shown  by  the  statistics.  Thus,  in  Colorado  and  Montana, 
which  among  the  Western  States  are  conceded  to  have  the  best  laws,  the 
general  tendency  of  the  fatality  ratio  has  been  downward.  We  are  led  to 
believe  that  if  those  States  and  Territories  like  California,  Nevada,  Arizona, 
New  Mexico  and  Utah,  which  have  not  had  either  adequate  mining  laws 
or  systems  of  mine  inspection,  could,  be  summarized  in  the  same  way,  the 
general  ratio  of  lives  lost  per  1,000  men  employed  would  be  increased. 

Mr.  Hoffman  clearly  established  something  that  has  been  strongly 
suspected,  namely,  that  the  loss  of  life  in  metal  mining  in  the  United 
States  is  fully  as  great  as  in  coal  mining.  Mr.  Hoffman  has  arrived  at 
the  average  of  3.09  per  1,000  in  metal  mining,  as  compared  with  3.13  in 
coal  mining.  Bearing  in  mind  the  condition  that  we  have  mentioned 
above  and  the  fact  that  the  statistics  for  coal  mining  are  far  more  com- 
plete than  for  metal  mining,  we  surmise  that  the  loss  of  life  in  metal 
mining  in  the  United  States  is  actually  larger,  proportionately,  than  in  coal 
mining.  This  emphasizes  the  importance  of  a  movement  to  remedy  bad 
conditions. 

Draft  for  a  Law. 

The  chief  work  of  the  committee  has  been  in  the  prepartion  of  a  draft 
for  a  law.  In  this  work  it  has  invited  and  received  the  assistance  of 
several  members  of  the  bar,  especially  Dr.  Rossiter  W.  Raymond,  of  New 
York;  E.  E.  Ellinwood,  Esq.,  of  Bisbee,  Arizona,  and  Archibald  Douglas, 
Esq.,  of  New  York.  To  the  valuable  co-operation  of  Mr.  Douglas,  who 
devoted  a  great  deal  of  time  to  the  matter,  particular  acknowledgment  is 
due.  Mr.  Douglas  prepared  the  draft  for  a  law  finally  adopted  by  the 
committee,  which  accompanies  this  report  as  appendix  A. 

In  the  preparation  of  this  draft,  the  committee  has  had  in  mind  the 
preparation  of  a  law  that  will  be  effective,  and  not  merely  a  code  of  rules 
and  regulations  of  which  the  enforcement  will  be  largely  optional.  The 
committee  has  aimed  to  fix  responsibility  upon  operator,  superintendent, 
foreman  and  miner  respectively,  and  the  failure  on  their  part  to  comply 
with  the  terms  of  the  law  is  to  be  punishable  by  suitable  penalties.  The 


92  OFFICIAL  PROCEEDINGS 

enforcement  of  the  law  is  charged  primarily  upon  the  inspector  of  mines, 
who  is  to  be  to  all  intents  and  purposes  a  policeman. 

The  conditions  of  mining  in  various  parts  of  the  United  States  are 
widely  different.  The  basic  laws  of  the  several  States  also  differ  to  more 
or  less  extent.  It  has  been  beyond  the  ability  of  this  committee  to  draft  a 
law,  which  it  can  say  with  assurance  will  be  equitable  under  all  conditions 
obtaining  in  mining  in  the  United  States;  or  will  be  in  conformity  with 
the  basic  laws  of  all  the  States.  Consequently,  the  committee  presents  its 
present  draft  as  a  preliminary  and  invites  criticism  for  its  assistance  in 
preparing  a  final  report. 

Although  the  duties  of  this  committee  were  limited  to  quarrying  and 
metalliferous  mining,  the  committee  suggests  that  its  draft  for  a  law  may 
advantageously  be  made  to  apply  to  all  kinds  of  mining  in  those  States 
which  have  no  special  colliery  law.  Coal  mining  and  metal  mining  do  not 
differ  in  principle  to  so  great  an  extent  as  is  popularly  supposed.  The 
fundamental  rules  for  safety  in  metal  mining  apply  also  to  coal  mining, 
but  the  latter  has  dangers  peculiar  to  itself  which  should  be  considered  in 
special  provisions  in  those  States  where  coal  mining  is  extensively  car- 
ried on. 

Mine  Inspection. 

In  the  opinion  of  the  committee,  the  essential  steps  toward  reducing 
the  loss  of  life  in  metalliferous  mining  are  (1)  a  comprehensive  and 
effective  law;  and  (2)  an  adequate  system  of  mine  inspection.  The  latter 
is  the  keystone  of  progress.  Much  can  be  accomplished  by  an  adequate 
system  of  mine  inspection,  even  if  a  comprehensive  law  be  lacking,  but  no 
matter  how  thorough  and  effective  in  theory  a  law  may  be,  it  will  fail  in 
its  purpose  unless  provision  be  made  for  its  sincere,  impartial  and  positive 
enforcement  by  an  adequate  system  of  competent  mine  inspection. 

To  secure  such  a  system  of  mine  inspection,  the  States  must  appro- 
priate a  good  deal  more  money  than  any  has  yet  done.  Each  State  must 
have  a  mine  inspector,  and  he  must  be  provided  with  a  sufficient  number 
of  deputies  to  enable  frequent  inspections  of  all  operating  mines  to  be 
made.  One  inspection  of  a  mine  in  a  year  is  not  enough.  The  inspector 
and  deputies  must,  moreover,  be  provided  with  proper  funds  for  clerical 
work,  traveling  expenses,  etc.  So  far  as  we  are  aware,  the  State  of  Colo- 
rado makes  the  largest  appropriation  for  inspection  of  metal  mines,  its 
appropriation  being  $25,000  per  year.  Other  important  mining  States 
appropriate  only  $10,000.  In  the  opinion  of  the  committee,  such  appro- 
priations are  utterly  inadequate.  For  States  possessing  a  mining  industry 
of  the  importance  of  that  in  Colorado,  Utah,  Montana,  Nevada,  California, 
and,  in  fact,  all  of  the  States  and  Territories  west  of  the  Rocky  Mountains, 
an  annual  appropriation  of  $50,000  to  $100,000  per  State  is  necessary.  Such 
expenditures  are  thoroughly  justified  by  the  importance  of  the  end  to  be 
gained.  At  the  present  time  the  number  of  persons  killed  annually  by 
accident  in  the  metalliferous  mines  of  the  United  States  is  probably  in 
the  neighborhood  of  500,  estimating  upon  the  rate  of  3.09  per  thousand  as 
determined  by  Mr.  Hoffman.  In  many  important  foreign  countries,  the 
death  rate  is  less  than  iy2  per  thousand.  We  operate  in  this  country  at  a 
more  intense  rate  than  in  many  foreign  countries,  and  perhaps  our  death 
rate  per  tonnage  of  ore  produced  per  man  would  not  compare  so  unfavor- 
ably, and  because  of  this  more  intense  operation  it  may  be  impossible  for 
us  to  attain  the  low  rate  of  some  foreign  countries.  It  must  be  borne  in 
mind  that  it  is  not  only  underground  but  also  overground  that  accidents 
are  more  numerous  in  this  country  than  in  Europe.  There  is  a  spirit  of 
recklessness  in  this  whole  land  that  leads  people  to  take  risks  that  the 
European  population  avoids.  But  certainly  our  mining  practice  is  capable 
of  great  improvement  with  respect  to  the  safety  of  the  miners,  and  the 
magnitude  of  the  annual  loss  justifies  a  large  State  expenditure  for  the 
purpose  of  its  reduction. 

Consequently,  the  committee  emphasizes  strongly  that  the  reduction 
of  loss  of  life  in  mining  is  dependent  chiefly  upon  the  money  that  the 


AMERICAN  MINING  CONGRESS  93 

people  of  the  respective  States  are  willing  to  spend  for  the  enforcement 
of  their  mining  laws,  and  in  such  expenditures  the  committee  urges  great 
liberality. 

It  is  essential  that  mine  inspection  be  impartial — absolutely  free  from 
all  political,  personal  or  selfish  interests;  and,  moreover,  that  it  be  com- 
petent. In  its  draft  for  a  law,  the  committee  has  incorporated,  after  very 
careful  consideration,  qualifications  for  mine  inspectors,  which,  in  its 
opinion,  will  provide  the  essential  conditions  stated  above. 
New  York,  Sept.  1,  1910. 

Respectfully  submitted, 

WALTER    RENTON    INGALLS,    Chairman. 

J.  PARKE  CHANNING 

JAMES  DOUGLAS 

JAMES  R.  FINLAY 

JOHN    HAYS   HAMMOND 

APPENDIX  A. 

AN  ACT 
RELATING    TO     METALLIFEROUS     MINES     IN     THE     STATE     OF 

,    AND    TO    PROVIDE    FOR    THE    HEALTH    AND 

SAFETY  OF  PERSONS  EMPLOYED  IN  AND  ABOUT  THE  SAME. 

INDEX. 

Section.  Description. 

1  Definition    of    Terms 

2  Office   of  Inspector  of  Mines 

3  Deputy   Inspector   of   Mines 

4  Qualifications  and  Powers   of  Inspectors. 

5  Salary   and    Expenses J 

6  Inspectors  Shall  Be  Allowed  all  Legal  Expenses 

7  Office  and  Records  of  Inspector  of  Mines 

8  Reports  to  Inspector  of  Mines 

9  Designation    for    Service    of    Notices 

10  Secrecy   of    Records 

11  Duties    of    Inspectors, — Inspection, — Powers 

12  Dangerous    Mines, — Duties    of    Inspectors 

13  Refusing   Inspection, — Penalty    

14  Records   of   Inspection 

15  Complaints   to   Inspectors 

16  Accidents 

17  Loss   of   Life 

18  Inspector  to  Forward  Papers  to  Prosecuting  Officers  in   Certain 

Cases 

19  Statistical  Reports  of  Inspector  of  Mines 

20  Removal  of  Inspectors  and  Deputy  Inspectors 

21  Care    of    Injured 

22  Mine    Maps 

23  Failure   to    Make    Map, — Remedy 

24  Storage    of   Inflammable   Material 

25  Storage    of    Explosives 

26  Marking   of    Explosives 

27  Superintendent   to   be   Appointed 

28  Mine   Foreman-Appointment    

29  Duties  of  Mine  Foreman 

30  Blasting     

31  Hoisting   Engineer    

32  Duties  of  Hoisting  Engineer 

33  Hoisting   Ropes    

34  Cages  for   Hoisting   Men 


94  OFFICIAL  PROCEEDINGS 

35  Boilers  and  Connections,  Machinery,  etc.,   Inspection 

36  Prohibited  Employment  of  Women  and  Children  in   Mines 

37  Rules    

38  Two    Openings    to    Surface 

39  Openings   Through   Contiguous   Mines,   etc 

40  Provisions  Affecting   Mines  Having   But  One   Outlet 

41  Outlets  Not  to  Be  Covered  by  Houses 

42  Ladderways    and    Ladders 

43  Ventilation    

44  Sanitation, — Dry   Closets    

45  Roof  Inspection 

46  Safety    Pillars    

47  Intoxicating  Liquor  Prohibited  in   Mines 

48  Penalties     

49  Copy  of  Act  to  be  Posted 

50  Repeal    of   Inconsistent    Laws 

51  Act  to   Take   Effect 

Sec.   1.     Definition  of  Terms. 

The  terms  of  this  Act  shall  apply  to  all  quarries  and  metalliferous 
mines  in  the  State  of  -  -  employing  more  than  10  persons  in 

any  period  of  24  hours. 

MINE.  The  term  "Mine,"  when  used  in  this  Act,  is  intended  to  include 
quarries  and  prospect  openings;  and  to  mean  any  and  all  parts  of  the 
property  of  a  mine,  prospect,  quarry  and  mining  plant  on  the  surface  or 
underground,  which  contribute  directly  or  indirectly  to  the  mining  or 
handling  of  minerals.  But  the  term  "Mine"  shall  not  apply  to  collieries. 

OPERATOR.  The  term  "Operator,"  when  used  in  this  Act,  means 
the  person,  firm  or  body  corporate  in  immediate  possession  of  any  mine 
and  its  accessories  as  owner  or  lessee  thereof,  and  as  such  responsible  for 
the  condition  and  management  thereof. 

SUPERINTENDENT.  The  term  "Superintendent,"  when  used  in  this 
Act,  means  the  person  who  shall  have  the  immediate  supervision  of  the 
mine. 

MINE  FOREMAN.  The  term  "Mine  Foreman,"  when  used  in  this 
Act,  is  a  person  who  is  charged,  at  any  one  time,  with  the  general  direc- 
tion of  the  underground  work. 

INSPECTOR  AND  DEPUTY.  The  term  "Inspector,"  when  used  in 
this  Act,  signifies  the  State  Inspector  of  Mines,  and  the  terms  "Deputy" 
and  "Deputy  Inspector,"  when  used  in  this  Act,  means  a  State  Deputy 
Inspector  of  Mines. 

EXCAVATIONS  OR  WORKINGS.  The  words  "Excavations"  and 
"Workings,"  when  used  in  this  Act,  signify  any  and  all  parts  of  a  mine, 
excavated  or  being  excavated,  including  shafts,  tunnels,  entries,  galleries, 
open  cuts  and  all  working  places,  whether  abandoned  or  in  use. 

Sec.  2.     Office  of  Inspector  of  Mines. 

The  office  of  Inspector  of  Mines  for  the  State  of  —  -  is  hereby 

created. 

The  Governor  of  the  State,  by  and  with  the  advice  and  consent  of  the 
Senate,  shall  appoint  such  Inspector  of  Mines.  The  Inspector  of  Mines 
shall  be  at  least  30  years  of  age,  a  citizen  of  the  United  States,  a  resident 
of  this  State  for  at  least  one  year  previous  to  his  appointment,  and  shall 
be  practically  engaged  in  metalliferous  mining,  and  shall  have  had  at 
least  10  years'  experience  in  underground  mining  in  the  United  States  of 
America.  The  Inspector  of  Mines  (but  not  the  deputy  inspectors)  must 
have  been  for  at  least  five  years  in  charge  of  a  mine,  in  the  United  States 
of  America,  employing  fifty  or  more  men  underground,  to  be  qualified  for 
such  office.  He  shall  receive  as  full  compensation  for  his  services  a  salary 


AMERICAN  MINING  CONGRESS  $5 

of  —      Dollars  ($ —        — )  per  annum.     He  shall  hold  his  office  for 

a  term  of  four  years  (the  first  term  beginning  January  — ,  19 — ),  unless 
sooner  removed  by  the  Governor,  or  until  his  successor  is  appointed  and 
qualified;  and  in  case  of  vacancy  by  death,  removal,  resignation  or 
otherwise,  the  Governor  shall  fill  such  office,  for  the  remainder  of  any 
such  term  of  four  years,  by  appointment. 

Sec.  3.     Deputy  Inspector  of  Mines. 

The  office  of  Deputy  Inspector  is  hereby  created.  The  Inspector  of 
Mines  is  hereby  authorized  and  directed  forthwith,  upon  the  entering  of 
the  duties  of  his  office,  to  appoint  —  —  Deputy  Inspectors,  who  shall 

each  receive  a  salary  payable  at  the  rate  of  $ —  -  per  annum  while 
holding  such  office.  All  Deputy  Inspectors  appointed  under  the  provisions 
of  this  Section  shall  be  subject  at  any  time  to  removal  by  the  Inspector. 
The  Inspector  shall  also  appoint  hereafter  such  additional  deputies  as  the 
Legislature  may  provide,  who  shall,  when  so  appointed  by  the  Legislature, 
be  in  all  ways  subject  to  the  provisions  of  this  Section.  In  case  of  vacancy 
in  the  office  of  any  Deputy  Inspector  caused  by  death,  removal  or  other- 
wise, the  Inspector  of  Mines  shall  forthwith  fill  such  vacancy.  The  quali- 
fications of  all  Deputy  Inspectors  shall  be  the  same  as  those  required  in 
the  case  of  the  Inspector  of  Mines,  as  set  forth  in  Section  2  of  this  Act; 
excepting,  however,  that  such  Deputy  Inspectors  shall  have  been  for  two 
years  in  charge  of  a  mine  in  the  United  States  of  America,  employing  at 
least  twenty-five  men  underground.  All  Deputy  Inspectors  shall  perform 
duties  as  required  by  this  Act,  and  shall  be  under  the  direct  control  and 
direction  of  the  Inspector  of  Mines.  In  the  absence  or  disability  of  the 
Inspector  of  Mines,  any  deputy  designated  by  him  may  act  with  like 
authority  as  the  Inspector  of  Mines.  In  case  of  a  vacancy  in  the  office  of 
Inspector  of  Mines,  the  deputy  longest  in  office  present,  shall  act  as  such 
Inspector,  until  such  vacancy  has  been  filled. 

Sec.  4.    Qualifications  and  Powers  of  Inspectors. 

No  person  shall  be  appointed  to  the  office  of  Inspector  or  Deputy 
Inspector,  nor  be  qualified  to  hold  the  office  of  Inspector  or  Deputy 
Inspector,  while  an  employee,  director  or  officer  of  any  mining,  milling  or 
smelting  company;  or  while  directly  or  indirectly  connected  with  any 
mining  company  or  co-partnership  operating  in  this  State,  either  as  stock- 
holder, partner,  or  in  any  other  capacity;  or  while  engaged  in  private 
practice  as  a  consulting  engineer.  The  Inspector  and  each  Deputy  must 
devote  his  entire  time  to  the  duties  of  their  respective  offices;  and  it  shall 
be  unlawful  for  the  Inspector,  or  any  Deputy,  to  be  otherwise  employed  by 
the  State  of  —  — ,  or  to  act  directly  or  indirectly,  for  or  on  behalf  of 

any  candidate  for  public  office,  or  for  any  political  party,  or  receive  com- 
pensation, either  directly  or  indirectly,  from  any  candidate  for  public 
office  or  from  any  political  party  in  the  State  during  the  terms  of  such 
Inspector  or  Deputy  Inspector.  Failure  to  observe  the  provisions  of  this 
Section  shall  render  the  Inspector  liable  to  immediate  removal  from  office 
by  the  Governor  without  further  cause  shown;  and  such  failure  shall 
render  any  Deputy  Inspector  liable  to  immediate  removal  by  the  Inspector 
of  Mines,  without  further  cause  shown;  and  the  Governor  and  Inspector' 
of  Mines  are  hereby  authorized  and  empowered  to  make  removals  in  such 
cases. 

Sec.    5.      Salary   and   Expenses. 

All  reasonable  and  necessary  expenses  actually  incurred  by  the  In- 
spector and  by  any  Deputy  in  the  performance  of  their  duties,  for  traveling 
expenses,  clerk-hire,  postage,  stationery,  printing  and  disbursements  inci- 
dental and  reasonable  to  the  office  of  Inspector,  or  of  Deputy  Inspector, 
shall  be  paid  by  the  State  Treasurer  upon  the  warrant  of  the  Comptroller* 


96  OFFICIAL  PROCEEDINGS 

issued  upon  proper  vouchers  therefor,  when  approved  by  the  Inspector  of 
Mines,  but  such  expense,  together  with  the  salaries  of  the  Inspector  and 
his  Deputies,  shall  not  be  incurred  in  excess  of  appropriations  by  the 
Legislature.  The  salaries  of  Inspector  of  Mines  and  of  all  Deputy  In- 
spectors shall  be  paid  as  the  salaries  of  other  State  officers  are  paid. 

Sec.  6.     Inspectors  Shall  Be  Allowed  all  Legal  Expenses. 

The  Inspector  may  employ  counsel  to  represent  him,  or  any  Deputy, 
or  to  assist  in  the  prosecution  of  actions  or  proceedings  brought  under  the 
provisions  of  this  Act. 

In  addition  to  the  expenses  allowed  to  the  Inspector,  as  set  forth  in 
Section  5  of  this  Act,  he  shall  be  allowed  all  necessary  expenses  and  rea- 
sonable counsel  fees  actually  incurred  in  enforcing  the  several  provisions 
of  this  Act  in  the  respective  Courts  of  this  State,  and  the  same  shall  be 
paid  by  the  State  Treasurer  on  warrants  drawn  by  the  Comptroller*  after 
auditing  the  same;  all  such  claims  and  expense  accounts  shall  be  presented 
and  passed  by  the  Inspector,  and  approved  by  the  Court  before  which  such 
proceedings  were  instituted.  In  the  event  of  any  costs  being  finally  taxed 
against  the  State  in  any  suit  in  which  the  State,  at  the  relation  of  the 
Inspector  is  either  plaintiff  or  defendant,  the  same  shall  be  approved  by 
the  Court,  and  audited  and  paid  in  like  manner  as  such  legal  expenses  are 
authorized  to  be  paid  as  aforesaid. 

Sec.  7.     Office  and  Records  of  Inspector  of  Mines. 

The  Inspector  of  Mines  shall  be  provided  with  a  properly  furnished 
office  in  the  State  House  in  -  -  in  which  he  shall  keep  a  record  of 

all  mines  examined  either  by  the  Inspector  or  his  deputies,  showing  the 
dates  of  such  examinations,  the  condition  in  which  the  mines  so  examined 
were  found,  with  particular  reference  to  the  safety,  ventilation  and  san- 
itary conditions  of  each  mine  so  examined,  the  manner  and  method  of 
working,  all  violations  of  the  provisions  of  this  Act  found,  if  any,  the 
action  taken  thereon,  and  the  result  of  such  action,  together  with  recom- 
mendations made  in  case  of  each  mine  examined  by  the  Inspector  or  any 
deputy;  and  any  other  data  or  information  pertaining  to  his  office  and 
acquired  during  the  carrying  out  of  this  Act.  For  the  purpose  of  aiding 
the  Inspector  in  making  up  such  data  it  shall  be  the  duty  of  each  deputy 
to  transmit  from  time  to  time,  or  upon  request  from  the  Inspector,  a 
complete  record  of  all  mine  examinations  made  by  such  deputy,  and  an 
itemized  statement  of  his  work  as  such  deputy  in  such  form  and  covering 
such  detail  as  the  Inspector  shall  in  his  opinion  deem  necessary. 

All  documents,  plans,  books,  memoranda,  notes  and  other  material 
pertaining  to  the  office  of  the  Inspector  of  Mines,  or  of  any  Deputy  In- 
spector, shall  be  the  property  of  the  State,  and  shall  be  delivered  by  the 
said  Inspector,  or  by  such  Deputy  Inspectors,  to  their  successors  in  office. 
The  Inspector  may  at  any  time  call  for  all  or  any  papers,  documents, 
plans,  books,  memoranda,  notes  or  other  material  in  the  hands  of  any 
deputy,  who  shall  deliver  same  to  said  Inspector  upon  call. 

Sec.  8.     Report  to  Inspector  of  Mines. 

It  is  hereby  made  the  duty  of  the  operator  of  each  and  every  mine 
within  the  State  to  forward  to  the  Inspector  at  his  office,  not  later  than 
the  20th  day  of  January,  in  each  year,  a  detailed  report  in  writing,  on  a 
form  prescribed  by  the  Inspector,  showing  the  character  of  the  mine,  ton- 
nage of  ore  produced  during  the  previous  year,  ending  December  31st,  the 
average  number  of  men  therein  employed  during  the  year  (the  average 


*Each  State  will  substitute  the  title  of  the  proper  official  according  to 
its  own  system. 


AMERICAN  MINING  CONGRESS  97 

number  of  men  being  computed  by  dividing  the  total  number  of  shifts 
worked  per  man  by  the  number  of  days  the  mine  was  worked),  the  num- 
ber of  days  the  mine  was  worked,  the  number  of  fatal  and  serious  ac- 
cidents during  the  year,  and  such  other  information  relative  to  the  work- 
ings, equipment,  ventilation,  sanitation,  means  of  ingress  and  egress, 
shafts,  trucking,  supports,  safety  devices,  storage  of  explosives,  means 
taken  to  protect  lives  and  usual  safety  of  men  in  relation  to  any  of  the 
requirements  of  this  Act,  as  the  Inspector  may,  from  time  to  time  require. 
All  such  reports  shall  be  filed  in  and  become  part  of  the  records  of  the 
office  of  the  Inspector  of  Mines.  Blank  forms  for  such  reports  shall  be 
furnished  by  the  State. 

Provided,  however,  that  in  the  case  of  any  mine  being  operated  for 
less  than  one  year  prior  to  December  31st  in  any  year  the  operator  in 
such  event  shall  forward  a  report,  in  like  manner,  covering  the  period 
during  which  said  mine  was  operated,  and 

Provided  further,  that  in  the  event  of  the  sale  of  any  mine  during  any 
year  prior  to  December  31st,  that  then  and  in  that  event  it  shall  be  the 
duty  of  the  owner  or  operator  so  selling,  leasing  or  turning  over  such 
mine  to  a  succeeding  operator  to  supply  to  such  succeeding  operator  a  like 
report,  as  required  in  this  Section,  covering  the  period  of  such  former 
operations  within  said  year;  and  it  shall  then  and  in  that  event  become 
the  duty  of  such  succeeding  operator  to  forward  such  report  so  turned 
over,  together  with  such  last  operator's  report,  for  the  period  of  such  last 
operator's  operations,  to  the  Inspector  of  Mines  as  aforesaid,  not  later 
than  the  20th  day  of  January  in  each  year. 

In  all  cases,  occurring  in  or  about  any  mine,  of  underground  fires, 
breakage  of  ropes  or  other  gear  by  which  men  are  hoisted,  or  lowered, 
overwinding  while  men  are  being  hoisted,  or  inrush  of  water  from  old 
workings,  whether  or  not  personal  injury  or  disablement  results,  a  report 
thereof,  signed  by  the  operator  or  superintendent  must  immediately  be 
sent  in  writing  to  the  Inspector. 

A  failure,  neglect  or  refusal  to  make  such  reports  or  to  give  such  in- 
formation as  are  provided  for  in  this  Section,  upon  demand  made  in  writ- 
ing by  the  Inspector,  or  by  any  of  his  Deputy  Inspectors,  shall  constitute 
a  misdemeanor  and  every  such  operator,  or  person  in  charge  of  such  mine, 
or  other  person  so  failing,  neglecting  or  refusing  after  written  demand 
made  as  aforesaid  shall  be  deemed  guilty  of  "a  misdemeanor,  and  on  con- 
viction shall  be  fined  for  each  offense  not  less  than  $50  or  more  than  $200; 
and  each  separate  failure,  neglect  or  refusal  after  demand,  as  aforesaid, 
shall  constitute  a  separate  offense. 

Sec.  9.     Designation  for  Service  of  Notices. 

Every  operator  of  any  mine  within  the  provisions  of  this  Act,  shall, 
within  60  days  after  the  passage  of  this  Act,  file  or  cause  to  be  filed  in 
the  principal  office  of  the  Inspector  of  Mines  a  designation,  duly  verified, 
by  such  operator,  designating  a  person  upon  whom  all  notices,  warnings 
or  processes,  required  to  be  served  under  the  provisions  of  this  Act,  may 
be  served  in  this  State.  The  person  so  designated  must  have  an  office, 
place  of  employment  or  place  of  business  within  10  miles  of  the  principal 
place  of  business  of  such  operator  within  the  State,  and  such  designation 
shall  give  the  office,  place  of  employment  or  place  of  business  of  such 
person  so  designated.  Such  designation  shall  be  accompanied  by  the  writ- 
ten consent  of  the  person  so  designated,  and  shall  continue  in  force  until 
revoked  by  an  instrument  in  writing  designating  in  like  manner  some 
other  person  upon  whom  such  notices  or  processes  may  be  served,  or  until 
the  filing  in  such  office  of  a  written  revocation  of  said  consent  executed 
by  the  person  so  designated.  If  the  person  so  designated  dies  or  removes 
beyond  10  miles  of  the  place  of  business  of  such  operator,  or  files  a  re- 
vocation of  his  consent,  the  operator  must,  within  30  days  thereafter,  desig- 
nate in  like  manner  some  other  person  upon  whom  such  notices  or 
processes  may  be  served  within  this  State. 


98  OFFICIAL  PROCEEDINGS 

Services  upon  such  designated  person  of  notices,  warnings  or  processes 
shall,  in  all  cases  arising  under  this  Act,  be  deemed  service  upon  such 
operator;  provided,  however,  that  nothing  herein  contained  shall  be  con- 
strued to  prevent  the  said  operator  in  person,  or  its  officers  or  agents,  if 
said  operator  be  a  corporation,  or  any  employee  of  such  operator,  from 
being  so  designated.  A  failure  on  the  part  of  of  any  operator  to  carry  out 
.the  provisions  of  this  section  shall  be  deemed  a  violation  cf  this  Act. 

Sec.   10.     Secrecy  of  Records. 

The  Inspector  or  any  Deputy  Inspector,  or  any  person  employed  by 
such  Inspector  or  Deputy  Inspector,  or  any  person  having  access  to  the 
papers  filed  in  the  office  of  said  Inspector,  or  in  the  office  of  any  Deputy 
Inspector,  shall  not  make  public  or  reveal  to  any  person  or  persons,  either 
orally  or  in  writing,  all  or  any  part  of  the  contents  of  any  report,  com- 
plaint or  document  filed  in  the  office  of  the  Inspector  of  Mines  of  this  State, 
or  in  the  office  of  any  of  his  Deputy  Inspectors,  or  reveal  or  make  public 
to  any  person  or  persons  any  knowledge  or  information  in  regard  to  the 
safety  or  physical  or  financial  condition  of  any  mine,  mining  rights,  pros- 
pect or  mining  company  or  concern  obtained  by  any  of  the  aforesaid  In- 
spector, Deputy  Inspectors  or  employees,  while  in  the  exercise  of  their 
official  duties.  Nothing  herein  contained,  however,  shall  be  construed  to 
prevent  any  Inspector  or  Deputy  Inspector,  or  any  clerk,  or  employee  of 
such  Inspector  or  Deputy  Inspector  from  making  official  reports  to  the 
Governor  or  Legislature  of  this  State,  to  the  Inspector  of  Mines,  or 
to  any  Deputy  Inspector,  or  from  giving  evidence  in  any  court  of  justice 
in  this  State  in  discharge  of  his  official  duty.  An  Inspector  of  Mines,  or 
any  Deputy  Inspector  of  Mines,  or  any  employee  or  clerk  who  violates  any 
of  the  provisions  of  this  section  of  this  Act,  shall  be  guilty  of  a  mis- 
demeanor and  shall  be  punished  upon  conviction  by  a  fine  of  not  more 
than  $500,  or  by  imprisonment  of  not  more  than  one  year,  or  both;  and 
shall  also  be  dismissed  from  his  office  or  employment. 

Sec.  11.    Duties  of  Inspectors.    Inspection.    Powers. 

It  shall  be  the  duty  of  the  Inspector  of  Mines  by  himself  or  by  deputy 
to  visit  at  least  once  every  two  months  every  mine  in  the  State  employ- 
ing 50  or  more  men  underground;  and  every  other  mine  at  least  once  every 
year  and  oftener  if  in  his  opinion  the  safety  of  the  men  employed  within 
the  mine  so  requires;  and  to  inspect,  inquire  and  examine  into  the  opera- 
tion, workings,  timbering,  safety  appliances,  machinery,  sanitation,  ventila- 
tion, means  of  ingress  and  egress,  means  taken  to  protect  the  lives  and 
insure  the  safety  of  the  miners,  together  with  the  cause  of  accidents  and 
accidental  death  therein,  and  in  general,  to  inspect  and  ascertain  what 
means  are  taken  to  comply  with  the  provisions  of  this  Act.  For  the  pur- 
pose of  making  such  inspection  and  ascertaining  facts  in  connection  with 
such  examination  and  inquiry,  the  Inspector,  or  his  deputy,  shall  have  full 
power  and  authority  at  all  hours  to  enter  and  examine  any  part  of  any 
mine  or  mining  plant  within  this  State,  or  any  part  of  the  workings 
thereof.  All  operators  and  their  employees  shall  render  to  the-  Inspector 
or  his  deputy  such  assistance  as  may  be  necessary  to  enable  the  Inspector 
or  his  deputy  to  make  such  examination. 

For  the  purpose  of  ascertaining  facts  in  connection  with  any  inspec- 
tion, inquiry  or  examination,  the  said  Inspector,  or  any  deputy,  shall  have 
full  power  to  compel  the  attendance  of  witnesses  by  subpoena,  and  to  take 
depositions,  to  administer  oaths  and  to  examine,  cross-examine  and  take 
testimony  of  such  persons  as  may  be  deemed  necessary  for  the  informa- 
tion of  the  Inspector  or  his  deputies.  Any  person  refusing  to  obey  a  sub- 
poena issued  by  the  Inspector,  or  by  any  deputy,  or  any  person  who  shall 
wilfully  in  any  manner  hinder  or  obstruct  the  Inspector,  or  any  of  his 
deputies,  in  the  performance  of  his  or  any  of  their  duties,  under  this  Act, 
shall  be  guilty  of  a  misdemeanor.  Any  witness  appearing  before  the  In- 


AMERICAN  MINING  CONGRESS  99 

spector,  or  before  any  of  his  deputies,  in  response  to  a  subpoena  so  issued, 
who  shall  knowingly  and  wilfully  testify  falsely  to  any  material  matter, 
shall  be  deemed  guilty  of  perjury,  and  upon  conviction  as  by  law  provided, 
shall  be  punished  for  perjury. 

Sec.  12.   Dangerous  Mines.   Duties  of  Inspectors. 

Whenever  the  Inspector  shall  find  any  mine,  or  part  of  any  mine,  in 
an  unsafe  condition  by  reason  of  any  violation  of  any  of  the  rules  or  pro- 
visions of  this  Act,  or  in  a  condition  dangerous  or  detrimental  to  the  life 
or  health  of  those  employed  therein,  for  the  reason  or  by  reason  of  de- 
fects in  timbering,  mining,  ventilation  or  sanitation,  it  shall  be  the  duty 
of  the  Inspector  at  once  to  serve  or  cause  to  be  served  a  notice  in  writing 
upon  the  operator  of  such  mine,  and  such  notice  shall  set  forth  in  detail 
the  nature  and  extent  of  the  defects  which  render  the  mine  or  part  of  the 
mine  unsafe,  dangerous,  or  detrimental  to  the  life  or  health  of  those  em- 
ployed therein,  together  with  the  point  or  place  in  the  mine,  or  in  the 
workings  of  the  mine,  where  such  defects  exist,  and  such  notice  shall  re- 
quire such  necessary  changes  to  be  made  in  such  mine  or  part  of  the  mine 
without  delay,  and  within  a  specified  time  in  the  discretion  of  the  In- 
spector, to  make  the  same  conform  to  the  provisions  of  this  Act. 

If  it  appears  from  a  re-examination  of  the  mine  by  the  Inspector,  or 
a  Deputy  Inspector,  that  such  necessary  changes  have  not  been  made 
within  the  time  specified  in  such  notice,  and  that  the  mine  or  part  of  the 
mine  is  still  in  a  condition  dangerous  to  life  or  health,  and  in  the  opinion 
of  the  Inspector  it  is  necessary  for  the  safety  or  the  life  or  health  of  the 
employees  in  such  mine  or  part  of  the  mine,  that  the  same  be  vacated,  it 
shall  be  the  duty  of  the  Inspector  forthwith  to  institute  an  action  for  an 
injunction  in  any  Court  of  competent  jurisdiction,  in  the  name  of  the 
State,  at  the  relation  of  the  Inspector,  to  restrain  the  operation  and  work- 
ing of  said  mine,  or  part  of  said  mine,  and  the  permitting  of  employees 
therein  for  purposes  other  than  to  remedy  the  defects  complained  of,  until 
the  provisions  of  this  law  are  complied  with,  and  the  said  mine,  or  part  of 
the  mine,  made  safe  for  the  employees  therein;  and  the  plaintiff  in  such 
action,  without  bond,  and  upon  ex  parte  affidavits  made  by  the  Inspector, 
or  a  Deputy  Inspector,  showing  in  detail  the  nature  and  extent  of  the 
defects  which,  in  such  affiant's  opinion,  render  the  mine,  or  part  of  the 
mine,  unsafe  or  detrimental  to  life  or  health  of  those  employed  therein, 
and  stating  that  such  mine,  or  part  of  the  mine,  is,  in  the  opinion  of  the 
affiant,  in  a  condition  dangerous  to  life  or  health,  may  procure  a  tem- 
porary injunction,  pending  the  trial  of  said  action,  from  any  Court  or 
Judge  in  vacation,  if,  in  the  opinion  of  the  Court  or  the  Judge,  the  facts 
warrant  the  granting  of  such  temporary  injunction,  enjoining  the  opera- 
tion and  working  of  said  mine,  or  part  of  said  mine,  and  the  permitting  of 
employees  therein,  except  for  the  purpose  of  remedying  the  defects  com- 
plained of,  until  the  further  order  of  the  Court. 

Provided,  however,  that  the  defendants  in  such  actions  shall  have  the 
same  opportunity  to  be  heard,  upon  motion  to  vacate  such  temporary  in- 
junctions, as  defendants  have  in  any  actions  brought  in  this  State  in 
which  temporary  injunctive  relief  may  be  granted. 

Sec.  13.   Refusing  Inspection.   Penalty. 

If  the  operator  of  any  mine  within  the  State  shall  fail,  impede  or 
refuse  to  permit  such  inspection,  as  is  provided  in  Sections  11  and  12  of 
this  Act,  the  Inspector,  or  deputy,  may  file  his  affidavit  setting  forth  such 
refusal  before  the  Judge  of  the  -  —  Court  in  the  County  in  which 
said  mine  is  situated,  either  during  the  term  of  the  Court  or  during 
vacation,  and  obtain  an  order  directed  to  such  operator,  so  refusing  as 
aforesaid,  commanding  him  to  permit  and  furnish  all  necessary  facilities 
for  the  entering,  examination  or  inspection  of  such  mine,  or  to  be  ad- 
judged to  stand  in  contempt  of  court  and  punished  accordingly. 


100  OFFICIAL  PROCEEDINGS 

Sec.  14.     Records  of  Inspection. 

It  shall  be  the  duty  of  the  Inspector,  or  any  deputy,  after  every 
inspection  made  of  any  mine  or  parts  of  any  mine,  as  provided  in  this 
Act,  to  enter  forthwith  in  a  book  to  be  kept  at  the  mine,  and  designated 
as  the  "Record  of  Inspection,"  the  portions  of  the  mine  so  inspected,  the 
nature  of  such  inspection,  and  every  illegal  defect  observed  in  the  state 
and  condition  of  the  mine,  machinery  and  appliances;  but  nothing  con- 
tained in  or  ommitted  from  such  entry  shall  limit  or  affect  the  duty  and 
obligation  of  the  owner  or  operator  of  such  mine  under  this  Act.  Such 
"Record  of  Inspection"  shall  be  open  at  all  reasonable  times  to  the  exam- 
ination of  the  Inspector,  or  any  of  his  deputies,  or  to  the  examination  of 
any  persons  employed  in  the  mine. 

Sec.  15.     Complaints  to  Inspectors. 

Whenever  the  Inspector  receives  a  complaint  in  writing,  signed  by 
three  or  more  persons  employed  in  a  mine,  setting  forth  that  the  mine  in 
which  they  are  working  is  being  operated  contrary  to  law,  and  is  danger- 
ous in  any  respect  to  the  health  or  lives  of  those  employed  therein,  the 
Inspector  must  in  person,  or  by  deputy,  examine  such  mine  as  soon  as 
possible.  The  names  of  the  persons  making  such  complaint  shall  be  kept 
secret  by  the  Inspector,  unless  permission  to  disclose  them  be  expressly 
granted  by  the  persons  making  the  complaint.  Provided,  however,  that 
such  complaint  shall,  in  all  cases,  set  forth  the  alleged  violation  of  law 
observed,  the  nature  of  the  danger  existing  at  the  mine,  and  the  time 
when  such  violation  and  danger  was  first  observed.  If  after  such  inspec- 
tion, the  Inspector  finds  the  conditions,  in  his  opinion,  dangerous  to  the 
health  and  lives  of  those  employed  therein,  by  reason  of  any  violation 
of  any  of  the  provisions  and  rules  of  this  Act,  he  shall  serve,  or  cause 
to  be  served,  a  notice,  setting  forth  fully  the  facts  upon  which  his  opinion 
is  based,  upon  the  operator  or  any  person  having  charge  of  such  mine,  as 
provided  in  Sec.  12  of  this  Act,  and  shall  thereafter  take  such  steps  to 
remedy  such  danger  and  to  compel  compliance  with  the  provisions  and 
rules  of  this  Act,  as  the  Inspector  could  take  in  any  case  arising  under 
Sec.  12  of  this  Act. 

It  shall  be  the  duty  of  the  Inspector  or  any  deputy  to  forward  every 
such  original  complaint,  so  received,  to  the  office  of  the  Inspector  of 
Mines,  where  it  shall  be  indexed  and  filed  among  the  official  papers  of 
the  Inspector  of  Mines. 

Sec.  16.     Accidents. 

Whenever  a  serious  accident  occurs  in  or  about  any  mine,  notice 
thereof  shall  be  given  promptly  in  writing,  to  the  Inspector  by  the  Su- 
perintendent or  other  person  having  immediate  charge  of  the  work  at  the 
time  of  the  accident.  The  words  "serious  accident"  shall  be  construed  to 
mean,  for  the  purpose  of  this  Act,  accidents  resulting  in  such  injuries  as, 
in  the  opinion  of  an  accredited  physician,  may  result  in  the  injured  per- 
son being  incapacitated  from  work  for  at  least  14  days.  Upon  receiving 
such  notice  the  Inspector,  or  a  deputy,  shall,  if  feasible,  and  if  the  nature 
of  the  accident  shows  it  to  be  necessary,  proceed  to  the  scene  of  the 
accident  with  all  convenient  speed  and  investigate  fully  the  cause  of  the 
accident,  and  shall  file  the  result  of  such  investigation  as  a  report  in  the 
office  of  the  Inspector,  within  20  days  thereafter.  Whenever  the  Inspector, 
or  a  deputy,  cannot  proceed  as  above  to  the  scene  of  the  accident,  the 
person  in  charge  of  the  mine  shall  be  so  informed  by  the  Inspector,  and 
such  person  in  charge  must  secure  sworn  statements  of  those  who  wit- 
nessed the  accident,  or  if  no  one  was  present  at  the  time  of  such  accident, 
he  must  secure  the  sworn  statement  of  those  first  arriving  upon  the 
scene;  such  statements  must  give,  as  far  as  possible,  the  details  of  the 
accident,  the  facts  leading  up  to  it  and  its  probable  cause;  such  sworn 


AMERICAN  MINING  CONGRESS  101 

statements  shall  immediately  thereafter  be  sent  to  the  Inspector,  who  shall 
file  same  in  his  office,  as  a  public  record. 

Sec.  17.     Loss  of  Life. 

Whenever  loss  of  life  occurs  from  accident  in  or  about  a  mine,  and 
when  death  results  from  personal  injury,  the  Superintendent  or  other 
person  having  immediate  charge  of  the  work  at  the  time  of  the  accident 
shall  give  notice  to  the  Inspector,  promptly  after  knowledge  of  death 
comes.  Whenever  possible,  the  Inspector  or  a  deputy  shall  be  present  at 
every  coroner's  inquest  held  over  the  remains  of  a  person  killed  in  or 
about  a  mine.  An  inquest  held  by  the  coroner  upon  the  body  of  a  person 

so  killed  shall  be  adjourned  by  the  coroner  for  not  more  than days 

at  the  request  of  the  Inspector.  If  the  Inspector  or  any  of  his  deputies 
are  not  present  at  such  inquest,  the  coroner  in  such  case  shall  notify  the 
Inspector  or  his  deputy  intending  to  be  present,  in  writing,  of  such  ad- 
journed inquest,  and  the  time  and  place  of  holding  the  same  at  least  five 
days  previous  thereto.  Due  notice  of  an  intended  inquest  to  be  held  by 
the  coroner  shall  be  given  by  the  coroner  to  the  Inspector,  and  at  such 
inquest  the  Inspector  and  any  Deputy  Inspector  shall  have  the  right  to 
examine  and  cross-examine  witnesses,  and  such  examination  shall  be  part 
of  the  records  of  such  inquest.  If,  at  any  inquest  held  over  the  body  or 
bodies  of  persons  whose  death  was  caused  by  an  accident  in  or  about  the 
mine,  the  Inspector  or  any  deputy  be  not  present,  and  it  is  shown  by  the 
evidence  given  at  the  inquest  that  the  accident  was  caused  by  neglect  or 
by  any  defect  in  or  about  the  mine,  or  because  the  mine  was  operated 
contrary  to  the  provisions  of  law,  which  in  the  opinion  of  the  jury  re- 
quires a  remedy,  the  coroner  shall  send  notice  in  writing  to  said  Inspector 
of  such  reported  negle'ct  or  default;  and  the  said  Inspector  shall  im- 
mediately take  steps  to  have  an  investigation  made  of  the  same.  The 
coroner  before  whom  such  an  inquest  is  held  shall  promptly  file  with  the 
Inspector  of  Mines  a  copy  of  the  testimony  taken  therat  and  a  copy  of 
the  verdict  rendered  by  the  Coroner's  Jury. 

Sec.  18.    Inspector  to  Forward  Papers  to  Prosecuting  Officer  in  Certain 

Cases. 

Whenever,  in  the  opinion  of  the  Inspector  of  Mines,  a  serious  fatal 
accident,  in  or  about  any  mine  in  this  State,  shall  have  been  caused  by 
failure  on  the  part  of  the  operator  or  any  employee  of  such  mine,  or  by 
any  other  person  or  by  any  of  them,  to  observe  the  provisions  of  this 
Act,  it  shall  be  the  duty  of  such  Inspector  to  cause  a  copy  of  the  report  of 
such  accident,  or  a  copy  of  the  testimony  taken  at  the  corner's  inquest 
together  with  the  verdict  of  the  coroner's  jury,  and  all  papers  in  his  hands 
relating  thereto,  to  be  forwarded  to  the  prosecuting  officer  of  the  County 
in  which  the  accident  or  loss  of  life  occurred,  together  with  an  accom- 
panying statement  of  the  Inspector,  showing  in  what  particular  or  par- 
ticulars he  believes  the  law  to  have  been  violated  and  if  upon  the  receipt 
thereof  the  prosecuting  officer  of  the  said  County  deems  the  facts  to  make 
a  prima  facie  cause  of  action  against  any  party,  he  shall  present  such 
evidence  to  the  Grand  Jury  and  take  such  further  steps  for  the  criminal 
prosecution  of  such  operators,  employees,  or  other  person,  as  may  seem 
advisable. 

Sec.  19.    Statistical  Reports  of  Mine  Inspector. 

It  shall  be  the  duty  of  the  Inspector  of  Mines  within  three  months 
after  January  1st  in  each  year,  to  make  a  report  directed  to  the  Governor 
and  Legislature  of  this  State,  giving  a  statistical  summary  and  report  of 
the  work  of  the  Inspector  and  Deputy  Inspectors  of  Mines  during  the  pre- 
vious year  ending  December  31st.  Such  report  shall  contain  a  statement 
showing  the  number  of  men  employed  in  each  mine  in  the  State,  stating 
separately  the  number  of  men  employed  above  ground  and  underground, 


102  OFFICIAL  PROCEEDINGS 

the  number  and  nature  of  fatal  and  serious  accidents  occurring  in  each 
mine,  the  number  of  inspections  made,  complaints  filed,  inquiries  at- 
tended, mines  ordered  to  be  vacated,  violations  found  and  any  other 
information  deemed  important  and  relevant  by  the  Inspector  of  Mines, 
together  with  such  recommendations  as  in  the  judgment  of  the  Inspector 
of  Mines  are  necessary  or  desirable  to  the  carrying  out  of  this  Act  and  to 
insure  the  safety  of  the  workmen  employed  within  the  mines,  subject  to 
the  provisions  of  this  Act.  Copies  of  such  report  shall  be  published  and 
distributed  by  and  at  the  expense  of  the  State  as  a  public  document. 

Sec.  20.     Removal  of  Inspectors  and  Deputy  Inspectors. 

Upon  a  petition  signed  by  at  least  100  miners,  or  10  operators,  or  by 
three  operators  each  employing  100  men  underground,  setting  forth  that 
the  Inspector,  or  any  deputy,  neglects  his  duties  as  prescribed  in  this  Act, 
or  that  he  is  incompetent,  and  unqualified  for  the  office  of  Inspector,  or 
deputy,  as  the  case  may  be,  under  this  Act,  or  guilty  of  malfeasance  in 
office,  or  guilty  of  any  unlawful  act  tending  to  the  injury  of  miners  or 

the  operators  of  mines,  it  shall  be  the  duty  of  the  Court  of  of 

the  County  wherein  such  Inspector  or  Deputy  Inspector  resides,  to  issue 
a  citation  in  the  name  of  the  State  to  the  said  Inspector,  or  said  Deputy 
Inspector,  to  appear  upon  not  less  than  15  days'  notice,  on  a  day  fixed, 
before  said  Court,  and  the  Court  shall  then  proceed  to  inquire  into  and 
investigate  the  allegations  of  the  petitioners.  If  the  Court  shall  find  that 
said  Inspector,  or  Deputy  Inspector,  so  petitioned  against,  is  neglectful  of  his 
duties,  as  prescribed  in  this  Act,  or  that  he  is  not  qualified  under  the  pro- 
visions of  this  Act  for  such  office,  or  that  he  is  incompetent  to  perform 
the  duties  of  his  office,  or  that  he  is  guilty  of  malfeasance  in  office,  the 
Court  so  finding  any  or  all  of  such  facts,  shall  certify  the  facts  so  found 
to  the  Governor  of  the  State,  in  the  case  of  such  finding  against  an  In- 
spector, and  to  the  Inspector  of  Mines,  in  the  case  of  such  finding  against 
a  Deputy  Inspector,  and  the  Governor  or  Inspector,  as  the  case  may  be, 
shall  declare  the  office  of  Inspector  or  such  Deputy  Inspector  vacant,  and 
steps  shall  forthwith  then  be  taken  to  appoint  a  properly  qualified  person 
to  fill  such  vacant  office  of  Inspector  or  Deputy  Inspector,  as  the  case  may 
be,  for  the  remainder  of  the  unfilled  term  of  the  removed  official. 

The  cost  of  said  investigation  shall  be  borne  by  the  removed  In- 
spector or  Deputy  Inspector,  but  if  the  allegations  in  the  petition  are  not 
sustained,  the  costs  shall  be  paid  by  the  petitioners. 

Sec.  21.     Care  of  Injured. 

It  shall  be  the  duty  of  operators,  Superintendents  or  any  one  in  charge 
of  any  mine  where  10  or  more  men  are  employed,  to  keep  at  the  mouth 
of  the  drift,  shaft  or  slope,  or  at  such  other  place  about  the  mine  as  may 
be  designated  by  the  Inspector,  a  stretcher  and  a  woolen  and  waterproof 
blanket,  in  good  condition,  for  use  in  carrying  any  person  who  may  be 
injured  at  the  mine.  Where  more  than  200  persons  are  employed,  two 
stretchers  and  two  woolen  and  waterproof  blankets  shall  be  kept.  And  at 
all  mines  a  supply  of  antiseptic  gauze,  carbolated  vaseline,  sponges,  soap, 
carbolic  acid,  tablets  of  bichloride  of  mercury,  linseed  oil,  bandages,  suit- 
able towels  and  a  wash  basin  shall  be  kept  readily  accessible  for  the  treat- 
ment of  anyone  injured.  Provided,  that  in  all  mines  where  500  or  more 
men  are  employed,  a  First  Aid  Corps  must  be  organized,  consisting  of  the 
foreman  or  foremen,  shift  bosses,  timekeepers  and  other  employees, 
designated  by  the  Superintendent;  and  it  shall  be  the  duty  of  the  operator 
or  Superintendent  of  the  mine  to  cause  the  organization  of  such;  and  to 
procure  the  services  of  a  competent  surgeon  or  physician  to  instruct  the 
members  of  such  First  Aid  Corps  from  time  to  time,  not  less  than  once 
in  each  calendar  year,  in  the  proper  handling  and  treatment  of  injured 
persons  before  the  arrival  of  a  physician. 


AMERICAN  MINING  CONGRESS  103 

Sec.  22.     Mine  Maps. 

The  operator  of  every  mine,  employing  10  or  more  men  underground, 
shall  make  and  maintain,  or  cause  to  be  made  and  maintained,  by  a  com- 
petent Mining  Engineer  or  Surveyor,  an  accurate  map  of  the  workings 
of  such  mine.  At  least  once  in  every  six  months,  or  oftener,  if  necessary, 
the  operator  or  Superintendent  of  each  mine  shall  cause  to  be  shown  ac- 
curately on  the  map  of  said  mine,  all  the  excavations  made  therein  during 
the  time  elapsed  since  such  excavations  were  last  shown  on  said  map, 
and  all  parts  of  said  mine,  which  were  worked  out  or  abandoned  during 
said  elapsed  period  of  time  shall  be  clearly  indicated  on  said  map,  and  all 
underground  workings  shall  be  surveyed  and  mapped  before  they  are  al- 
lowed to  become  inaccessible.  Such  maps  shall,  at  all  times,  be  open  to 
the  examination  of  the  Inspector  of  Mines  or  any  of  his  deputies. 

Sec.  23.    Failure  to  Make  Map.    Remedy. 

Whenever  any  operator  or  Superintendent  of  any  mine  employing 
more  than  10  men  underground,  shall  neglect  or  refuse  to  make  such  map 
of  the  workings  of  any  such  mine,  for  a  period  of  three  months  after  the 
receipt  of  written  notice  so  to  do  by  the  Inspector,  or  by  any  deputy,  or 
fails  at  least  once  in  every  six  months  to  add  or  cause  to  be  added  to 
such  map  all  excavations  made  within  said  period,  then  and  in  either  of 
such  events  the  Inspector  is  hereby  authorized  to  cause  a  correct  survey 
and  map  of  such  mine  to  be  made  at  the  expense  of  the  operator  thereof, 
the  cost  of  which  shall  be  recoverable  at  law  from  said  operator  as  other 
debts  are  recoverable  by  law.  The  amount  advanced  by  the  Inspector 
for  making  any  map,  as  provided  in  this  section,  shall  be  considered  as 
part  of  the  expenses  of  his  office  and  shall  be  paid  as  such. 

Sec.  24.    Storage  of  Inflammable  Material. 

It  shall  be  the  duty  of  the  operator  or  Superintendent  of  each  mine 
to  store,  or  cause  to  be  stored,  oils  and  other  dangerously  inflammable 
materials  in  a  covered  building,  kept  solely  for  such  storage,  which  build- 
ing shall  be  at  least  100  feet  from  any  other  building  and  at  least  300  feet 
from  any  powder  magazine.  The  man  in  charge  of  such  building,  who 
shall  be  the  Superintendent,  or  a  person  expressly  designated  by  him, 
shall  permit  only  sufficient  oil  or  other  inflammable  material  to  be  taken 
from  such  buildings  to  meet  the  requirements  of  one  day.  If  any  oil  or 
gasoline  storage  be  so  situated  that  leakage  would  permit  the  oil  or  gas- 
oline to  flow  within  the  above  specified  distance,  means  to  prevent  such 
flow  must  be  provided. 

Sec.  25.  Storage  of  Explosives. 

No  blasting  powder  or  any  high  explosive  containing  nitroglycerine 
shall  be  stored  in  any  mine.  Provided,  that  nothing  in  this  section  shall 
be  construed  to  prevent  the  operator  of  any  mine  from  keeping  sufficient 
blasting  powder  or  other  high  explosive  within  such  mine  to  meet  the 
estimated  requirements  of  such  mine  during  the  succeeding  24  hours;  and 
provided,  further,  that  such  temporary  supply  shall  not  be  kept  at  any 
place  within  such  mine,  where  its  accidental  discharge  would  cut  off  the 
escape  of  miners  working  therein. 

All  blasting  powder,  or  other  high  explosive,  in  excess  of  the  tem- 
porary supply  required  in  such  mine  shall  be  stored  in  a  magazine  placed 
not  less  than  300  feet  distant  from  any  shaft,  adit,  habitation,  public  high- 
way, public  railway,  or  from  the  boundary  line  of  any  mining  property; 
provided,  however,  that  in  cases  where  the  location  of  any  mining  property 
makes  it  impossible  to  comply  with  the  provisions  of  this  section,  the 
Inspector  may  grant  permission  in  writing  to  the  operator  of  such  mining 
property  to  place  such  magazine  in  some  other  place  on  such  mining 


104  OFFICIAL  PROCEEDINGS 

property,  if,  in  the  opinion  of  the  said  Inspector  such  location  shall  not 
be  dangerous  to  the  safety  of  those  employed  within  such  mine. 

Every  magazine  where  powder  or  other  high  explosive  is  stored  as 
provided  in  this  section,  shall  be  ventilated;  and  if  it  be  a  building  above 
the  surface  of  the  ground  it  shall  be  provided  with  a  lightning  conductor 
supported  on  a  vertical  post  standing  clear  of  such  magazine,  and  not 
nearer  than  18  inches  from  one  of  the  walls  thereof  and  rising  at  least 
six  feet  above  the  highest  point  of  such  magazine;  such  lightning  con- 
ductor shall  be  carried  to  a  properly  laid  earth  plate,  set  in  the  ground  at 
a  depth  below  the  permanent  moisture  line  of  the  ground  and  at  a  distance 
of  at  least  one  foot  outside  of  the  foundation  walls  of  said  magazine. 

It  shall  be  the  duty  of  the  operator  to  enforce  the  carrying  out  of  this 
section  and  any  failure  on  the  part  of  said  operator  so  to  do  shall  be 
deemed  a  violation  of  this  Act. 

Sec.  26.     Marking  of  Explosives. 

It  shall  be  unlawful  for  the  operator  or  Superintendent  of  any  mine 
to  permit  the  use  within  such  mine  of  any  explosive  containing  nitro- 
glycerine unless  there  shall  be  plainly  printed  or  marked,  in  the  English 
language,  on  every  original  package  containing  such  explosive  the  name 
and  place  of  business  of  the  manufacturer  of  such  explosive,  together 
with  the  date  of  its  manufacture. 

Sec.  27.     Superintendent  to  be  Appointed. 

The  operator  of  every  mine,  within  the  provisions  of  this  Act,  shall 
appoint  a  man  who  shall  be  personally  in  charge  of  the  mine  and  the 
carrying  out  of  the  work  done  therein,  who  shall  be  designated  as  the 
"Superintendent";  provided,  however,  that  nothing  herein  contained  shall 
prevent  the  owner  or  operator  of  any  mine  from,  personally,  filling  the 
office  of  "Superintendent." 

The  Superintendent  of  every  mine  shall  inspect,  or  cause  an  inspection 
to  be  made  by  some  competent  person  or  persons  appointed  by  him,  of 
all  mining  appliances,  boilers,  engines,  magazines,  shafts,  shaft  houses, 
underground  workings,  roofs,  pillars,  timbers,  explosives,  bell  ropes,  speak- 
ing tubes,  telephones,  tracks,  ladders,  dry  closets  and  all  parts  and  ap- 
pliances of  said  mine  in  actual  use,  and  any  such  person  or  persons 
appointed  by  the  said  Superintendent  shall  at  once  report  any  defects 
therein  to  the  Superintendent.  It  shall  be  the  duty  of  the  Superintendent 
upon  ascertaining  any  such  defects  to  take  immediate  steps  to  remedy  the 
same  so'  as  to  make  the  same  comply  with  the  provisions  of  this  Act; 
and  he  shall,  forthwith,  notify  the  operator  of  said  mine  of  the  existence 
of  such  defects.  It  shall  be  the  duty  of  the  Superintendent  to  appoint  a 
competent  man  to  have  full  charge,  under  the  direction  of  said  Superin- 
tendent, of  every  magazine  containing  explosives  situated  on  such  mining 
property;  and  to  make  such  other  appointments  and  perform  such  other 
duties  as  are  provided  by  this  Act  to  be  performed  by  such  Superintendent. 

Sec.  28.    Mine  Foreman.    Appointment. 

The  operator  or  superintendent  of  every  mine,  within  the  provisions 
of  this  Act,  shall  appoint  a  man  who  shall  be  personally  in  charge  of  the 
carrying  out  of  the  underground  workings  of  the  mine,  and  who  shall 
personally  direct  the  work  of  the  men  employed  underground  therein, 
who  shall  be  designated  as  the  "Mine  Foreman";  provided,  however,  that 
nothing  herein  contained  shall  be  construed  to  prevent  the  superintendent 
of  any  mine  from  also  filling  the  position  of  Mine  Foreman.  No  person 
shall  be  appointed  to  the  position  of  Mine  Foreman  who  shall  not  be  at 
least  21  years  of  age,  and  shall  not  have  had  at  least  two  years  of  prac- 
tical experience  as  an  underground  miner  in  metalliferous  mines,  and  who 


AMERICAN  MINING  CONGRESS  105 

shall  not  be  able  readily  to  read  and  write  the  English  language.  Any 
operator  or  superintendent  failing  to  make  such  appointment  of  Mine 
Foreman,  or  neglecting  or  failing  immediately  to  appoint  another  in  his 
place,  in  the  event  of  said  Mine  Foreman  vacating  or  losing  his  position 
from  any  cause,  shall  be  guilty  of  a  misdemeanor.  Such  appointment 
shall  be  made  in  writing,  and  it  shall  be  the  duty  of  such  operator  or 
superintendent  to  keep  posted  notice  of  such  appointment  or  reappoint- 
ment,  immediately  after  the  same  shall  have  been  made,  in  at  least  two 
conspicuous  places  about  said  mine,  and  notices  of  such  appointment,  or 
any  reappointment  shall  be  mailed  immediately  thereafter  to  the  inspector 
of  mines. 

Sec.  29.     Duties  of  Mine  Forenian. 

The  Mine  Foreman  shall  attend  personally  to  his  duties  in  the  mine, 
as  provided  in  this  Act,  and  shall  see  that  the  regulations  provided  herein 
for  securing  the  safety  of  all  men  employed  in  such  mine  are  carried  out; 
he  shall  immediately  report  to  the  superintendent  of  the  mine,  or  in  the 
absence  of  the  superintendent  to  the  mine  operator,  any  violations  or 
infringements  of  this  Act  observed  by  him  within  the  mine,  and  shall 
take  immediate  steps  to  remedy  the  same.  He  shall  warn  all-  employees 
of  danger  to  life  or  limb  observed  by  him  within  the  mine,  and  permit 
no  person  to  work  in  an  unsafe  place  unless  for  the  purpose  of  making 
it  safe;  and  shall  supervise  the  miners  in  the  carrying  out  of  their  work. 

Sec.  30.     Blasting. 

Gang  bosses  shall  be  in  immediate  charge,  and  responsible  for  blast- 
ing within  the  mine.  It  shall  be  their  duty  to  see  that  no  iron  or  steel 
tools  shall  be  used  for  tamping,  and  all  miners  are  hereby  forbidden  to 
use  iron  or  steel  tools  for  such  purposes  under  penalty  of  a  misdemeanor. 
It  shall  be  the  duty  of  the  Mine  Foreman  to  fix  the  time  of  all  blasting 
and  firing.  Gang  bosses  and  miners  about  to  fire  shots  shall  cause  warn- 
ings to  be  given  in  every  direction,  and  all  entrances  to  the  place  or  places 
where  charges  are  to  be  fired  shall  be  guarded  while  such  firing  is  going 
on.  Failure  on  the  part  of  gang  bosses  or  miners  to  comply  with  the 
provisions  of  this  section  shall  be  deemed  a  violation  of  this  Act.  The 
number  of  shots  exploding,  except  in  cases  of  electric  firing,  shall  be 
counted  by  the  miner  firing  same.  If  said  miner  be  not  certain  that  all 
the  shots  have  exploded,  no  one  shall  be  permitted  to  enter  the  places 
where  such  charges  were  placed  for  a  period  of  30  minutes  after  the  fuses 
were  lighted.  Such  misfire,  occurring  at  change  of  any  shift,  shall  be 
reported  to  the  Mine  Foreman,  Shift  Boss  and  to  the  miner  of  the  follow- 
ing shift. 

In  the  event  of  shots  fired  by  electricity,  then  it  shall  be  unlawful  for 
any  person  knowingly  to  enter  the  vicinity  of  the  mine  where  such  shots 
are  fired  until  the  cable  of  the  firing  battery  has  been  disconnected;  it 
shall  be  the  duty  of  the  Gang  Boss  or  miner  in  charge  of  the  shot-firing 
to  see  that  all  such  cables  are  disconnected  immediately  after  such  firing, 
and  to  examine,  or  direct  the  examination  of  such  place  where  shots  are 
fired,  before  any  men  are  permitted  to  work  therein.  All  miners  shall 
immediately  report  to  the  Gang  Boss,  Shift  Boss  or  Mine  Foreman  the 
finding  of  any  loose  wires  under  or  in  the  rock  loosened  by  such  firing; 
and  in  such  event  the  Mine  Foreman,  or  in  his  absence  the  Shift  Boss,  or 
Gang  Boss,  shall  at  once  order  work  to  cease  until  such  wires  have  been 
traced  to  their  terminals.  It  shall  be  the  duty  of  the  Mine  Foreman  to 
see  that  no  current  of  higher  than  250  volts  shall  be  used  when  firing  by 
electricity. 

It  shall  be  unlawful  for  any  miner  to  extract  or  attempt  to  extract 
explosives  from  a  hole  which  has  once  been  charged,  but  in  every  such 
case  a  fresh  charge  shall  be  inserted  above  the  missed  explosive,  and  the 
same  shall  be  then  detonated.  It  shall  be  unlawful  for  any  miner  to 


106  OFFICIAL  PROCEEDINGS 

deepen  holes,  or  any  part  of  holes,  left  standing  or  abandoned,  and  thereto- 
fore charged  with  explosives. 

Sec.  31.     Hoisting  Engineer. 

It  shall  be  the  duty  of  every  Superintendent  of  every  mine  having  a 
hoisting  engine  to  appoint  and  designate  one  or  more  men,  who  shall  be 
able  to  speak  and  read  the  English  language  readily,  to  be  known  as 
Hoisting  Engineers.  At  all  shafts  where  men  are  hoisted  or  lowered 
such  hoisting  engineers  shall  be  not  less  than  21  years  of  age,  and  at 
shafts  where  men  are  not  so  hoisted  or  lowered  they  shall  be  not  less 
than  18  years  of  age.  It  shall  be  the  duty  of  every  Superintendent  to 
appoint  as  Hoisting  engineers  men  who  are  familiar  with  the  details  and 
working  of  a  hoisting  engine,  and  to  permit  no  one,  other  than  such  duly 
appointed  Hoisting  Engineers,  to  run  such  engine  or  hoisting  machinery, 
except  that  by  and  with  the  consent  of  the  Superintendent  specified  ap- 
prentices may  be  taught  the  operation  of  the  hoisting  engine  at  such 
times  and  under  such  restrictions  as  the  Superintendent  may  determine 
to  be  free  of  risk  to  life  and  limb.  Any  Superintendent  failing  to  make 
such  appointment  of  Hoisting  Engineer,  or  knowingly  appointing  any 
Hoisting  Engineer  not  qualified  as  above,  shall  be  guilty  of  a  violation 
of  this  Act. 

Sec.  32.     Duties  of  Hoisting  Engineer. 

The  following  rules  shall  be  observed  by  every  Hoisting  Engineer 
employed  within  this  State: 

Rule  1.  It  shall  be  the  duty  of  every  Hoisting  Engineer  to  keep  a 
careful  watch  over  his  engine  and  over  all  machinery  under  his  charge. 

Rule  2.  He  shall  at  all  times  be  in  immediate  charge  of  his  engine, 
and  shall  not  at  any  time  delegate  any  of  his  duties  to  any  other  person, 
except  to  apprentices,  duly  designated  as  provided  in  this  Act;  provided, 
however,  nothing  herein  contained  shall  be  construed  to  prevent  any 
Hoisting  Engineer  delegating  to  or  sharing  his  duties  with  any  other  duly 
appointed  Hoisting  engineer,  or  turning  over  the  engine  and  machinery 
in  his  charge  to  any  other  such  engineer  at  the  end  of  his  shift. 

Rule  3.  -He  shall  familiarize  himself  with  and  use  all  signal  codes 
for  hoisting  and  lowering  as  directed  to  be  used  in  this  Act. 

Rule  4.  He  shall  not  run  his  engine  unless  the  same  is  properly  pro- 
vided with  adequate  brakes,  indicators,  and  distance  marks  on  hoisting 
ropes  or  cables,  as  provided  in  this  Act. 

Rule  5.  It  shall  be  the  duty  of  the  Hoisting  Engineer  to  exclude  every 
person  from  his  engine  room,  excepting  any  person  or  persons  whose  duties 
require  their  presence  therein,  and  visitors  authorized  by  the  Superin- 
tendent of  the  mine. 

Rule  6.  He  shall  hold  no  conversation  with  anyone  while  his  engine 
is  in  motion,  or  while  attending  to  signals. 

Rule  7.  He  must  run  his  engine  with  extreme  caution  whenever  men 
are  on  the  hoisting  cage. 

Rule  8.  He  shall  not  hoist  men  out  of,  or  lower  men  into,  any  mine 
or  shaft  at  a  speed  greater  than  800  feet  per  minute. 

Rule  9.  He  shall  inspect  all  hoisting  machinery  and  safety  appliances 
connected  therewith,  and  all  ropes  and  hoisting  apparatus,  when  and  as 
directed  by  the  Mine  Superintendent,  and  shall  report  to  him  any  defects 
found  therein. 

Rule  10.  After  any  stoppage  of  hoisting  for  repairs,  or  for  any  other 
purpose  exceeding  in  duration  one  hour,  he  shall  run  a  cage  or  other  con- 
veyance, unloaded,  up  and  down  the  working  portion  of  the  shaft  at  least 
once,  and  shall  not  permit  the  cage  or  other  conveyance  to  be  used  until 
the  hoisting  machinery  and  shaft  are  found  to  be  in  safe  condition. 


AMERICAN  MINING  CONGRESS  107 

Rule  11.  He  shall  do  no  hoisting  in  any  compartment  of  a  shaft  while 
repairs  are  being  made  in  the  said  hoisting  compartment,  excepting  such 
hoisting  as  may  be  necessary  to  make  such  repairs. 

Rule  12.  He  shall  familiarize  himself  with  and  carry  out  the  require- 
ments of  Rules  7,  8,  9,  10,  11,  12,  19  and  20  of  Sec.  37  of  this  Act. 

Rule  13.  Any  Hoisting  Engineer  or  any  person  having  in  charge  the 
hoisting  machinery  connected  with  the  mine  who  shall  wilfully  violate 
any  of  the  provisions  of  this  section,  or  any  of  the  rules  contained  therein, 
or  who  shall  wilfully  violate  any  of  the  provisions  of  Rules  7,  8,  9,  10,  11, 
12,  19  and  20  of  Sec.  37  of  this  Act,  shall,  upon  conviction,  be  deemed 
guilty  of  a  violation  of  this  Act  and  liable  to  punishment  accordingly. 

Rule  14.  The  Superintendent  shall  post  a  copy  of  this  section  and  the 
last  preceding  section  in  a  conspicuous  place  on  the  door  of  the  engine 
house. 

Sec.  33.    Hoisting  Ropes. 

It  shall  be  unlawful  to  use  in  any  mine,  included  within  the  provisions 
of  this  Act,  any  rope  or  cable  for  hoisting  or  lowering  either  men  or  ma- 
terial, when  such  hoisting  or  lowering  is  done  by  any  means  other  than 
human  or  animal  power,  unless  such  rope  or  cable  shall  be  composed  of 
iron  or  steel  wires,  with  a  factor  of  safety  determined  as  hereinafter  set 
forth;  provided,  however,  that  such  iron  or  steel  wires  may  be  laid  around 
a  hemp  center. 

The  factor  of  safety  of  all  such  ropes  or  cables  shall  in  no  case  be 
less  than  five,  and  shall  be  calculated  by  dividing  the  breaking  strength 
of  the  rope  as  given  in  the  manufacturers'  published  tables,  by  the  sum 
of  the  maximum  load  to  be  hoisted,  plus  the  total  weight  of  the  rope  in 
the  shaft  when  fully  let  out,  plus  10  per  cent  of  such  values,  to  take 
account  of  shock  at  starting  and  stopping. 

It  shall  be  unlawful  to  use  any  rope  or  cable  for  the  raising  or  lower- 
ing of  men,  either  when  the  number  of  breaks  in  any  running  foot  of  said 
rope  exceeds  10  per  cent  of  the  total  number  of  wires  composing  the  rope, 
or  when  the  wires  on  the  crown  of  the  strands  are  worn  down  to  less 
than  one-half  their  original  diameter,  or  when  the  superficial  inspection 
provided  for  in  this  section  shows  marked  signs  of  corrosion. 

All  ropes  must  be  superficially  inspected  once  in  every  24  hours  by 
some  competent  person  designated  for  that  purpose  by  the  Superin- 
tendent, and  it  shall  be  the  duty  of  the  Superintendent  to  cause  an  ex- 
amination to  be  made  once  in  every  succeeding  three  months  of  a  section 
of  such  rope  or  cable,  then  in  use  for  hoisting  and  lowering  men  and  ma- 
terials in  such  mine.  If  upon  any  inspection  such  hoisting  rope  or  cable 
is  found  to  be  below  the  requirements  set  forth  in  this  section,  it  shall 
be  disused  for  such  purpose  forthwith,  and  any  operator  or  Superintendent 
using  or  permitting  the  use  of  such  hoisting  rope  ,  or  cable  for  the  pur- 
pose of  hoisting  or  lowering  men  thereafter,  shall  be. guilty  of  an  offence 
against  this  Act. 

Sec.  34.     Cages  for  Hoisting  Men. 

It  shall  be  unlawful  for  the  operator  or  Superintendent  of  any  mine 
to  permit  the  hoisting  or  lowering  of  men  through  a  vertical  shaft  deeper 
than  300  feet,  unless  an  iron-bonneted  safety  cage  be  used  for  hoisting 
and  lowering  of  such  men,  but  this  provision  shall  not  apply  to  shafts  in 
process  of  sinking. 

It  shall  be  the  duty  of  the  operator  or  Superintendent  to  have  all  cages 
used  in  such  shafts,  over  300  feet  deep,  and  in  which  men  are  hoisted  and 
lowered,  to  be  constructed  as  follows:  The  bonnet  shall  be  of  two  steel 
plates,  3-16  inches  in  thickness,  sloping  toward  each  side,  and  so  arranged 
that  they  may  be  readily  pushed  upward  to  afford  egress  to  persons 
therein,  and  such  bonnet  must  cover  the  top  of  the  cage  in  such  a  manner 
as  to  protect  those  on  the  cage  from  objects  falling  in  the  shaft.  The  cage 
shall  be  provided  with  sheet  iron  or  steel  side  casing,  not  less  than  one- 


108  OFFICIAL  PROCEEDINGS 

eighth  inch  thick,  or  with  a  netting  composed  of  wire  not  less  than  one- 
eighth  inch  in  diameter,  and  with  doors  made  of  the  same  material  as  the 
side  casing,  either  hung  on  hinges  or  working  in  slides.  These  doors  shall 
extend  at  lease  four  feet  above  the  bottom  of  the  cage  and  must  be  closed 
when  lowering  or  hoisting  men,  except  timbermen  riding  on  the  cage  to 
attend  to  timbers  that  are  being  lowered  or  hoisted.  Every  cage  must 
have  overhead  bars  of  such  arrangement  as  to  give  every  man  on  the  cage 
an  easy  and  secure  hand-hold.  Every  cage  or  skip  used  for  hoisting  men 
must  be  provided  with  a  safety  catch  of  sufficient  strength  to  hold  the 
cage  or  skip  with  its  maximum  load  at  any  point  in  the  shaft  in  the  event 
that  the  hoisting  cable  should  break.  The  Inspector  or  his  deputy  must 
see  that  all  cages  and  skips  are  equipped  in  compliance  with  this  para- 
graph, and  that  on  all  cages  the  safety  catches  are  kept  well  oiled  and  in 
good  working  condition. 

Any  operator  or  Superintendent  of  any  mine  failing  to  comply  with 
the  provisions  of  this  section,  within  90  days  after  its  passage,  shall  be 
guilty  of  an  offence  against  this  Act. 

Sec.  35.     Boilers  and  Connections,  Machinery,  Etc.,  Inspection. 

All  boilers  used  for  generating  steam  in  and  about  mines  shall  be  kept 
in  good  order,  and  the  owner,  operator  or  Superintendent  shall  have  them 
examined  and  inspected  by  a  qualified  person,  not  an  employee  of  said 
operator,  as  often  as  once  in  six  months,  and  oftener  if  the  Inspector  or 
his  deputy  shall  deem  it  necessary.  The  result  of  such  examination,  under 
oath  of  the  person  making  such  examination,  shall  be  certified  in  writing 
to  the  Inspector  within  thirty  (30)  days  thereafter. 

It  shall  be  the  duty  of  the  operator  to  provide  each  battery  of  boilers 
with  a  safety  valve  of  sufficient  area  for  the  steam  to  escape  and  with 
weights  or  springs  properly  adjusted;  and  to  provide  every  boiler  house 
with  a  steam  gauge  properly  connected  with  the  boilers,  to  indicate  the 
steam  pressure,  and  another  steam  gauge  shall  be  attached  to  the  steam 
pipe  in  the  engine  house.  All  steam  gauges  shall  be  placed  in  such  posi- 
tion that  the  Engineer  or  Fireman  can  readily  examine  them  and  see  what 
pressure  is  carried.  All  steam  gauges  shall  be  kept  in  good  order,  and 
shall  be  tested  and  adjusted  as  often  as  once  in  every  six  months  and  their 
condition  reported  to  the  Inspector  in  the  same  manner  as  the  report  of 
boiler  inspection. 

All  machinery  used  in  or  about  the  mine,  such  as  engines,  wheels, 
screens,  shafting  and  belting  shall  be  protected  by  covering  or  railing  so 
as  to  prevent  persons  from  inadvertently  walking  against  or  falling  upon 
the  same.  The  sides  of  stairs,  trestles  and  dangerous  plank  walks  in  and 
around  the  mines  shall  be  provided  with  hand  and  guard  railing  to  prevent 
persons  from  falling  over  the  sides.  This  section  shall  not  forbid  the  tem- 
porary removal  of  a  fence,  guard  rail  or  covering  for  the  purpose  of  repairs 
or  other  operations,  if  proper  precautions  are  used,  and  the  fence,  guard 
rail  or  covering  is  replaced  immediately  thereafter.  It  shall  be  the  duty 
of  the  operator  to  carry  out  the  foregoing  provisions  of  this  section,  and 
failure  to  comply  with  the  provisions  of  this  section  shall  be  deemed  an 
offence  against  this  Act. 
Sec.  36.  Prohibited  Employment  of  Women  and  Children  in  Mines. 

No  woman  or  girl,  and  no  boy  under  the  age  of  16  years,  shall  be  em- 
ployed or  permitted  to  work  within  any  mine  within  this  State,  included 
in  the  provisions  of  this  Act;  and  it  shall  be  unlawful  for  any  operator  to 
employ  such  persons  within  such  mine.  Before  any  boy  shall  be  permitted 
to  work  in  any  mine  he  must  produce  to  the  operator,  Superintendent  or 
Mine  Foreman  thereof,  an  affidavit  made  by  the  parent,  guardian  or  next 
of  kin  of  said  boy,  duly  verified,  containing  a  statement  that  he,  the  said 
boy,  is  at  least  16  years  of  age. 

Any  person  who  violates  and  does  not  comply  with  the  provisions  of 
this  section  is  guilty  of  an  offence  against  this  Act. 


AMERICAN  MINING  CONGRESS  109 

Provided,  however,  that  nothing  in  this  section  contained  shall  be  con- 
strued to  prevent  the  employment  of  women,  or  children  under  16  years, 
in  clerical  or  office  positions  in  the  offices  or  buildings  connected  with 
such  mine. 

Sec.  37.     Rules. 

INDEX. 

Rule.  Description. 

1-4  Additional    Duties    of    Mine    Foreman    and    Assistant    Mine 

Foreman    

5  Candles    

6  Fire    Fighting    Helmets    

7-9  Cages 

10  Hoisting  while  Shaft  Sinking 

11-12  Deepening  Shaft — Protection    

13  Whims 

14  Hooks     

15  Crossheads     

16-17  Signals     

18  Punishment  for  Interference  with  Signals 

19-21  Signal    Codes    

22  Timbering     

23  Fencing  Disused  Shafts    

24  Abandoned    Shafts    

25  Penalty  for  Destroying  Fencings  and   Coverings 

26-27  Lighting    

28-29  Manholes     

30-31  Machinery   and   Protection    

32-34  Protection  against  Water    

35-42  Ladders  and  Ladderways    

43  Enforcement  of  Rules   35  to   42 

44  Passageway  Around  Shaft 

45  Sumps 

46  Stopes    •;«; 

47-49  Winzes  or  Raises ;.-...-. 

50  Shaft   Stations    .->.." 

51-52  Top    of    Shaft 

53-55  Hoisting    Ropes    

56-  62  Explosives 

63-65  Fuses     

66-73  General    Rules    

The  following  general  rules  shall  be  observed  in  and  about  every  mine 
within  this  State  to  which  this  Act  applies: 

Additional  Duties  of  Mine  Foreman  and  Assistant  Mine  Foremen. 

Rule  1.  The  operator  or  Superintendent  of  every  mine  shall  use  every 
precaution  to  insure  the  safety  of  the  workmen  in  the  mine  in  all  cases, 
whether  provided  for  in  this  Act  or  not,  and  shall  place  the  underground 
workings  thereof  and  all  that  is  related  to  the  same  under  the  charge  and 
daily  supervision  of  a  competent  person,  who  shall  be  called  "Mine  Fore- 
man." 

Rule  2.  Whenever  a  Mine  Foreman  cannot  personally  carry  out  the 
provisions  of  this  Act,  so  far  as  they  pertain  to  him,  the  operator  or 
Superintendent  shall  authorize  him  to  employ  a  sufficient  number  of  com- 
petent persons  to  act  as  his  assistants,  who  shall  be  subject  to  his  orders, 
and  shall  be  known  as  "Assistant  Mine  Foremen,"  and  they  shall  be  under 
the  direct  supervision  of  the  Mine  Foreman  and  shall  carry  on  the  duties 
of  the  Mine  Foreman  as  directed  by  him,  and  as  prescribed  in  Sec.  29  of 
this  Act. 


110  OFFICIAL  PROCEEDINGS 

Rule  3.  The  Mine  Foreman  shall  have  charge  of  carrying  out  or 
directing  the  carrying  out  of  his  duties  as  prescribed  in  Sec.  29  of  this 
Act;  and  any  Superintendent  who  shall  direct  or  cause  a  Mine  Foreman 
to  disregard  the  provisions  of  this  Act  shall  be  amenable  in  the  same  man- 
ner as  the  Mine  Foreman. 

Rule  4.  The  Mine  Foreman  shall  see  that  all  dangerous  places  are 
properly  fenced  off  and  proper  danger  signal  boards  are  so  hung  on  such 
fencings  that  they  may  be  plainly  seen. 

Candles. 

Rule  5.  No  candle  shall  be  left  burning  in  a  mine  or  any  part  of  a 
mine  when  the  person  using  the  candle  departs  from  his  work  for  the  day. 

Fire  Fighting  Helmets. 

Rule  6.  The  operator  or  Superintendent  of  a  mine  employing  more 
than  50  men  underground  shall  provide,  and  keep  in  a  readily  accessible 
place,,  at  least  two  fire  fighting  helments,  to  be  used  in  case  of  emergency. 

Cages. 

Rule  7.  At  all  mines  where  hoisting  is  done  by  cage  or  skips  from 
two  or  more  levels  a  man  shall  be  employed,  whose  duties  shall  be  to  load 
and  unload  the  cage  or  skip  and  to  give  all  signals  to  the  hoisting  engi- 
neer. The  Superintendent  is  responsible  for  the  enforcement  of  this  rule. 

Rule  8.  Any  person  riding  upon  any  cage,  skip  or  bucket  that  is  loaded 
with  tools,  timber,  powder  or  other  material,  except  for  the  purpose  of 
assisting  in  passing  such  material  through  a  shaft  or  incline,  and  then 
only  after  a  special  signal  has  been  given,  shall  be  guilty  of  a  violation 
of  this  Act. 

Rule  9.  When  tools,  timber  or  other  materials  are  to  be  lowered  or 
hoisted  in  a  shaft,  their  ends,  if  projecting  above  the  top  of  the  bucket, 
skip  or  other  vehicle,  shall  be  securely  fastened  to  the  hoisting  rope  or  to 
the  upper  part  of  the  vehicle,  and  all  tools,  timber  and  other  materials 
loaded  upon  a  cage  must  be  securely  lashed  before  being  lowered  or 
hoisted. 

Hoisting  While  Shaft  Sinking. 

Rule  10.  In  no  case  shall  a  cage,  skip  or  bucket,  or  other  vehicle,  be 
lowered  directly  to  the  bottom  of  the  shaft  when  men  are  working  there; 
but  such  cage,  skip  or  bucket  or  other  vehicle  must  be  stopped  at  least 
15  feet  above  the  bottom  of  such  shaft  until  the  signal  to  lower  further 
has  been  given  to  the  hoisting  engineer  by  one  of  the  men  at  the  bottom 
of  the  shaft;  provided,  however,  that  this  rule  shall  not  apply  to  shafts 
of  less  than  50  feet  in  depth. 

Deepening  Shaft.    Protection. 

Rule  11.  Persons  engaged  in  deepening  a  shaft  in  which  hoisting  from 
an  upper  level  is  going  on  shall  be  protected  from  the  danger  of  falling 
material  by  a  suitable  covering  extending  over  the  whole  area  of  the 
shaft,  sufficient  openings  being  left  in  the  covering  for  the  passage  of 
men,  a  bucket  or  other  conveyance  used  in  the  sinking  operations.  It 
shall  be  the  duty  of  the  Superintendent  of  the  mine  to  enforce  this  rule, 
and  failure  so  to  do  shall  be  deemed  a  violation  of  this  Act. 

Rule  12.  No  hoisting  shall  be  done  in  any  compartment  of  a  shaft 
while  repairs  are  being  made  in  that  compartment,  excepting  such  hoist- 
ing as  is  necessary  in  order  to  make  such  repairs. 

Rule  13.  Whims  in  use  at  or  in  mines  shall  be  provided  with  a 
suitable  stopper,  or  some  other  reliable  device,  to  prevent  running  back 
of  the  bucket  or  other  conveyance. 


AMERICAN  MINING  CONGRESS  111 

Hooks. 

Rule  14.  No  open  hook  shall  be  used  with  a  bucket  in  hoisting. 
Safety  hooks  only  shall  be  employed. 

Crossheads. 

Rule  15.  All  shafts  more  than  300  feet  deep,  from  which  hoisting  is 
done  by  means  of  a  bucket,  must  be  provided  with  suitable  guides,  and 
in  connection  with  the  bucket  there  must  be  a  crosshead  traveling  upon 
these  guides.  The  height  of  the  crosshead  shall  be  at  least  two-thirds 
of  its  width.  If  the  crossheads  be  a  type  that  is  not,  secured  to  the  hoist- 
ing rope,  a  stopper  must  be  securely  and  rigidly  fastened  to  the  hoisting 
rope  at  least  seven  feet  above  the  rim  of  the  bucket. 

Signals. 

Rule  16.  Every  shaft,  if  exceeding  50  feet  in  depth,  shall  be  provided 
with  an  efficient  means  of  interchanging  distinct  and  definite  signals  be- 
tween the  top  of  the  shaft  and  the  lowest  level  and  the  various  inter- 
mediate levels  from  which  hoisting  is  being  done.  The  signalling  appa- 
ratus shall  be  a  cord  or  wire  actuating  a  knocker,  bell  or  whistle,  which 
may  be  supplemented  by  a  speaking  tube,  or  telephone,  or  an  electrical 
system. 

Rule  17.  Special  care  must  be  taken  to  keep  the  signalling  appa- 
ratus in  good  order. 

Punishment  for  Interference  With  Signals. 

Rule  18.  Any  person  who  shall  interfere  with  or  impede  any  sig- 
nalling in  the  mine  within  this  State,  or  who  shall  knowingly  damage  any 
such  signal  system,  or  who  shall  knowingly  give  or  cause  to  be  given  any 
wrong  signal  within  the  mine,  or  who  shall  ride  upon  any  cage,  skip  or 
bucket  at  a  time  when  signals  have  been  given  informing  the  hoisting  en- 
gineer that  no  person  is  so  riding  shall  be  guilty  of  a  violation  of  this  Act, 
and  shall  be  punished  accordingly. 

Signal  Codes. 

Rule  19.  The  following  signals  shall  be  used:  One  bell,  hoisl 
(when  engine  is  at  rest);  one  bell  stop  (when  engine  is  in  motion), 
two  bells,  lower;  three  bells,  men  on  cage  about  to  ascend  or  descend; 
four  bells,  blasting  signal.  Upon  receiving  the  blasting  signal  of  four 
bells  the  engineer  must  answer  by  raising  the  bucket  a  few  feet  and  let- 
ing  it  back  slowly,  and  then  upon  receiving  the  signal  of  one  bell  he  shall 
hoist  the  men  away  from  the  blast. 

Rule  20.  Special  signals  in  addition  to  the  above  may  be  used  in 
any  mine,  provided  they  are  easily  distinguishable  by  their  sound,  or 
otherwise,  from  the  foregoing  code  and  do  not  interfere  with  it  in  any 
way. 

Rule  21.  An  easily  legible  copy  of  the  above  code,  and  of  any  special 
code  adopted  in  any  mine,  shall  be  printed  on  a  board  or  metal  plate 
not  less  than  18  inches  by  18  inches,  and  shall  be  securely  posted  in  the 
engine  room,  ft  the  collar  of  the  shaft  and  at  each  level  or  station.  The 
Superintendent  of  the  mine  shall  be  held  responsible  for  the  carrying 
out  of  this  rule. 

Timbering. 

Rule  22.  The  timbers  in  all  manways  in  daily  use  shall  be  cleaned 
of  all  loose  rock  lodged  upon  them  at  least  once  in  every  24  hours.  Man- 
ways  in  daily  use  shall  be  kept  clear  of  obstructions. 


112  OFFICIAL  PROCEEDINGS 

Fencing  Disused  Shafts. 

Rule  23.  The  mouth  of  every  shaft  or  entry  to  a  mine  which  for  the 
time  being  is  out  of  use,  or  is  used  only  as  an  airway,  and  the  approach 
to  every  open  working  other  than  ordinary  prospecting  trenches,  and  all 
elevated  and  exposed  platforms  and  gangways,  shall  be  kept  securely 
fenced  or  otherwise  protected. 

Abandoned  Shafts. 

Rule  24.  All  abandoned  shafts  or  other  abandoned  excavations  shall 
be  securely  covered  or  fenced;  provided,  however,  that  in  the  case  of 
abandoned  open  cuts  fencing  only  shall  be  required. 

Penalty  for  Destroying  Fences  and  Coverings. 

Rule  25.  Any  person  who  shall  wilfully  remove,  injure  or  destroy 
all  or  any  part  of  any  coverings  or  fences  provided  for  in  Rules  23  and 
24  of  this  section  shall  be  guilty  of  a  violation  of  this  Act  and  shall  be 
punished  accordingly. 

Lighting. 

Rule  26.  Stationary  lights  shall  be  provided  during  the  working 
hours  at  all  stations  at  vertical  and  inclined  shafts  during  the  time  the 
same  are  in  actual  use;  and  also  at  all  stations  on  the  levels  where  hoist- 
ing or  hauling  is  effected  by  means  of  machinery;  and  also  at  night  at 
all  working  places  on  the  surface,  and  at  the  head  of  -any  shafts  not 
fenced  or  covered. 

Rule  27.  All  places  where  hoisting,  pumping  or  other  machinery 
is  erected,  and  in  the  proximity  of  which  persons  employed  in  the  mines 
are  working  or  moving  about,  shall  be  so  lighted  that  the  moving  parts 
of  such  machinery  can  be  clearly  distinguished. 

Manholes. 

Rule  28.  In  every  mine  in  which  mechanical  haulage  is  employed 
there  shall  be  at  intervals  of  not  more  than  100  yards,  on  each  main 
haulage  way,  places  of  refuge,  affording  a  space  of  at  least  two  and  one- 
half  feet  in  width  between  the  widest  portion  of  the  car  or  train  running 
on  the  tramway  and  the  side  of  the  gallery. 

Rule  29.  Every  manhole  and  place  of  refuge  shall  be  kept  constantly 
clear,  and  no  refuse  shall  be  placed  therein,  and  no  person  shall  in  any 
way  prevent  access  thereto. 

Machinery  and  Protection. 

Rule  30.  All  exposed  machinery  which  when  in  motion  would  be 
dangerous  to  persons  coming  in  contact  therewith  shall  be  securely 
guarded  by  a  fence  or  railing.  All  electrical  conductors  shall  be  placed  so 
as  to  protect  any  persons,  so  far  as  is  possible,  from  coming  into  contact 
with  the  same. 

Rule  31.  No  electrical  current  higher  than  250  volts  shall  be  carried 
by  any  naked  wire  in  any  mine. 

Protection  Against  Water. 

Rule  32.  No  raise  shall  be  allowed  to  approach  within  10  feet  of  any 
portion  of  a  winze,  stope  or  other  opening  in  which  there  is  a  dangerous 
accumulation  of  water,  unless  such  winze  or  stope  be  first  unwatered  by 
bailing  or  pumping  or  by  means  of  a  bore  from  the  raise. 

Rule  33.  When  advancing  a  drift,  adit  level  or  incline  toward  a  mine 
working  that  is  suspected  to  be  filled  with  water,  a  bore  hole  must  be 


AMERICAN  MINING  CONGRESS  113 

kept  at  least  20  feet  in  advance  of  the  breast  of  the  drive;  and  also  if 
necessary  in  'directions  laterally  from  the  course  of  the  drive.  Such  a 
working-  place  must  not  exceed  six  feet  in  width  and  such  additional  pre- 
cautionary measures  shall  be  taken  as  may  be  deemed  necessary  to  obviate 
the  danger  of  a  sudden  breaking  through  of  water. 

Rule  34.  In  every  mine,  where  in  the  opinion  of  the  Inspector  of 
Mines,  there  is  danger  of  a  sudden  inburst  of  water,  such  additional  raises, 
drifts,  or  other  workings  shall  be  constructed  as  are  necessary  in  the 
opinion  of  the  Inspector  to  ensure  the  escape  of  workmen  from  the  lower 
workings. 

Ladders  and  Ladderways. 

Rule  35.  The  space  between  the  rungs  of  a  ladder  shall  not  exceed 
12  inches. 

Rule  36.  The  rungs  of  a  ladder  shall  in  no  case  be  less  than  three 
inches  from  the  wall  of  the  shaft,  or  any  opening  in  which  it  is  used. 

Rule  37.  Every  ladderway  constructed  and  fixed  in  a  vertical  shaft 
more  than  100  feet  deep  which  may  be  used  for  the  ascent  and  descent 
of  persons  working  in  the  mine  shall  have  substantial  platforms  at  in- 
tervals of  not  more  than  20  feet  and  the  inclination  of  any  ladder  or 
section  of  a  ladder  shall  not  exceed  80  degrees  from  the  horizontal. 

Rule  38.  All  platforms  except  for  an  opening  large  enough  to  permit 
the  passage  of  a  man  shall  be  closely  covered. 

Rule  39.  Ladders  shall  project  at  least  three  feet  above  every  plat- 
form in  the  ladderway  and  at  least  three  feet  above  the  collar  of  the 
shaft,  unless  hand  rails  are  fixed  at  such  places. 

Rule  40.  In  ladderways  not  exceeding  100  feet  in  depth,  ladders  may 
be  fixed  vertically;  over  this  depth  no  vertical  ladders  shall  be  used. 

Rule  41.  Under  no  circumstances  shall  any  ladder  inclining  backward 
from  the  vertical  be  installed. 

Rule  42.  Ladderways  shall  be  provided  in  all  shafts  in  the  course 
of  sinking  to  within  such  a  distance  from  the  bottom  thereof  as  will 
secure  them  from  damage  by  blasting,  but  from  the  end  of  which  ladder- 
ways  chain  or  wooden  extension  ladders  shall  be  extended  to  the  bottom 
of  the  shaft. 

Enforcement  of  Rules  37  to  42. 

Rule  43.  It  shall  be  the  duty  of  the  Superintendent  to  enforce  the 
carrying  out  of  Rules  35  to  42,  and  his  failure  so  to  do  shall  constitute  a 
violation  of  this  Act. 

Passageway  Around  Shaft. 

Rule  44.  All  stations  or  levels  shall  have  a  passageway  around  or 
through  the  working  shaft  so  that  crossing  over  the  hoisting  compartment 
may  be  avoided. 

Sumps. 

Rule   45.     All  sumps   shall  be   securely  planked  over. 

Stopes. 

Rule  46.  In  stopes  timbered  with  square  sets,  the  working  floors  shall 
be  closely  and  securely  lagged  over.  Lagging  shall  be  long  enough  to 
reach  clear  across  the  caps. 

Winzes  or  Raises. 

Rule  47.  Winzes  or  raises  shall  not  be  started  in  the  direct  line  of  a 
drift,  but  shall  be  offset  from  the  drift. 

Rule  48.  The  opening  of  such  offset  winze  shall  be  protected  by  a 
fence  or  guard  rail  not  less  than  three  feet  or  more  than  four  feet  in 
height  above  the  level  of  the  drift. 

Rule  49.  Existing  winzes  opening  directly  from  the  floor  of  a  drift  or 
stope  must  be  kept  covered  by  a  substantial  hatch,  or  planking,  except 


114  OFFICIAL  PROCEEDINGS 

when  in  use,  at  which  time  passage  to  persons  other  than  those  working 
at  the  winze  shall  be  barred  off  by  a  substantial  rail  across*  the  roads  of 
access  to  the  openings. 

Shaft  Station. 

Rule  50.  At  all  shaft  stations  a  gate  or  a  guard  rail  not  less  than 
three  feet  or  more  than  four  feet  above  the  floor,  must  be  provided  and 
kept  in  place  across  the  shaft,  except  when  cage,  skip  or  bucket  is  being 
loaded,  but  this  prohibition  shall  not  forbid  the  temporary  removal  of  the 
gate  or  rail  for  the  purpose  of  repairs  or  other  operations,  if  proper  pre- 
caution to  prevent  danger  to  persons  be  taken. 

Top  of  Shaft. 

Rule  51.  The  top  of  all  shafts  shall  be  protected  by  a  gate,  so  that 
persons  or  foreign  objects  cannot  fall  into  the  shaft. 

Rule  52.  If  hoisting  be  done  from  greater  depth  than  100  feet,  by 
means  of  a  bucket,  shaft  doors  must  be  constructed  that  will  prevent  any 
material  from  falling  into  the  shaft  while  the  bucket  is  being  dumped. 

Hoisting  Ropes. 

Rule  53.  Every  rope  used  for  hoisting  or  lowering  men  or  materials 
shall  be  securely  fastened  to  its  drum  and  when  in  use  shall  never  we 
fully  unwound,  but  at  least  one  full  turn  shall  remain  on  the  <3rum. 

Rule  54.  The  further  end  of  the  rope  shall  either  be  securely  fastened 
within  a  tapered  socket,  or  else  it  shall  be  bound  around  an  oval  thimble 
and  then  fastened  to  itself  by  not  less  than  12  clamps  or  bolts. 

Rule  55.  Every  rope  shall  be  treated  with  oil  or  some  suitable  rope 
compound  at  least  once  every  month.  Such  compound  must  be  chem- 
ically neutral,  and  must  be  of  such  consistency  as  to  penetrate  the  strand 
and  not  merely  cover  the  surface  of  the  rope. 

Explosives  and  Puses. 

Rule  56.  Every  mine  thawing  in  excess  of  a  daily  average  of  100 
pounds  of  dynamite  shall  be  provided  with  a  separate  building  for  that 
purpose. 

Rule  57.  Dynamite  shall  not  be  thawed  by  any  means  other  than  a 
steam  bath  or  a  hot  water  device,  and  such  thawing  device  shall  not  be 
allowed  to  become  hotter  than  can  be  borne  by  the  naked  hand. 

Rule  58.  Oft  shall  be  unlawful  to  thaw  dynamite  by  placing  it  near  a 
fire  or  steam  boiler. 

Rule  59.  It  shall  be  unlawful  to  thaw  dynamite  in  a  steam  bath  by 
using  live  steam. 

Rule  60.  It  shall  be  unlawful  for  any  person  knowingly  to  distribute 
frozen  dynamite  to  any  person  working  in  any  mine. 

Rule  61.  No  explosive  shall  be  taken  into  any  mine  except  in  a  se- 
curely covered  case. 

Rule  62.  Detonators  shall  not  be  transported  in  the  same  vehicle  or 
carried  in  the  same  case  with  dynamite  or  other  explosive. 

Rule  63.  No  fuse  shall  be  used  in  any  mine  that  burns  faster  than 
one  yard  in  eighty  seconds  or  slower  than  one  yard  in  one  hundred 
seconds. 

Rule  64.  It  shall  be  unlawful  for  any  person  to  use  within  any  mine 
any  fuse  unless  the  rate  of  burning  be  stamped  by  the  manufacturer  on 
the  package  containing  such  fuse. 

Rule  65.  Notice  shall  be  posted  at  the  entrance  of  every  mine  stating 
the  rate  of  burning  of  the  fuse  used  in  such  mine.  The  Superintendent 
shall  be  responsible  for  the  carrying  out  of  this  rule. 


AMERICAN  MINING  CONGRESS  115 

General  Rules. 

Rule  66.  No  person  in  a  state  of  intoxication  shall  be  allowed  to  enter 
or  loiter  about  a  mine. 

Rule  67.  All  employees  shall  inform  the  mine  foreman  or  his  assist- 
ant of  the  unsafe  condition  of  any  working1  place. 

Rule  68.  Wages  shall  not  be  paid  on  any  premises  used  for  the  sale 
of  intoxicating  liquors. 

Rule  69.     No  intoxicating  liquors  shall  be  taken  into  a  mine. 

Rule  70.  'Strangers  or  visitors  shall  not  be  allowed  underground  in 
any  mine  unless  accompanied  by  the  operator  or  an  official  of  the  mine, 
or  by  an  employee  deputized  by  such  operator  or  official  to  accompany 
them. 

Rule  71.  Every  mine  employing  more  than  twenty-five  men  shall 
maintain  a  suitably  equipped  wash  room  which  shall  at  all  times  be  open 
to  the  employees  of  the  mine. 

Rule  72.  Each  workman  employed  in  the  mine  when  engaged  shall 
have  his  attention  directed  by  the  mine  foreman  to  the  general  and  spe- 
cial rules  provided  for  in  this  Act. 

Rule  73.  Any  person  who  does  any  act  wilfully  in  violation  of  any 
of  the  rules  as  prescribed  in  this  Act  shall  be  guilty  of  a  misdemeanor. 

Sec.  38.     Two  Openings  to  Surface. 

It  shall  be  the  duty  of  every  operator  of  every  mine  within  this  State, 
excepting  as  hereinafter  provided,  to  maintain  at  least  two  outlets  to  the 
surface  from  such  mine;  or  an  underground  communicating  passage  way 
between  every  such  mine  and  some  other  contiguous  mine,  so  that  there 
shall  be  at  all  times  at  least  two  distinct  and  available  means  of  access 
to  the  surface  to  all  persons  employed  in  such  mine  or  mines.  Such  out- 
lets shall  not  be  less  than  50  feet  apart  and  shall,  if  covered,  be  provided 
with  separate  and  distinct  and  non-connecting  houses  on  the  surface. 

Where  two  openings  to  the  surface  shall  not  have  been  provided  as 
aforesaid,  it  shall  be  the  duty  of  the  Inspector  of  Mines  to  order  in  writing, 
served  upon  the  operator  or  Superintendent  of  such  mine,  a  second 
opening  to  be  made  without  delay  by  the  operator  of  said  mine,  and  in  the 
event  of  the  operator  of  such  mine  failing  forthwith  to  commence  and 
prosecute  the  making  of  a  second  opening  within  twenty  days  after  the 
service  of  said  order,  or  in  the  event  of  the  Inspector  deeming  any  mine 
having  but  one  such  opening  to  be  dangerous  to  the  lives  and  health  of 
those  employed  therein,  it  shall  thereupon  be  the  duty  of  such  Inspector 
forthwith  to  institute  an  action  for  an  injunction  to  close  said  mine,  pro- 
vided for  in  Section  12  of  this  Act. 

Provided,  however,  that  Section  38  of  this  Act  shall  not  apply  in  the 
case  of  (A)  New  workings  being  opened  for  the  purpose  of  making  a 
communication  between  two  or  more  shafts,  or  to  any  working  for  the 
purpose  of  searching  for  or  providing  ore;  (B)  Or  to  any  mine  in  which 
one  of  the  shafts  or  outlets  has  temporarily  become  unavailable  for  the 
persons  employed  in  the  mine,  and  in  which  every  effort  is  being  made 
by  the>  operator  of  the  mine  to  open  such  temporarily  unavailable  outlet, 
and  provided  the  same  is  not,  in  the  opinion  of  the  Inspector  dangerous 
to  the  life  and  health  of  those  employed  therein;  and  (C)  Mines  having 
workings  of  less  than  100  feet  in  depth. 

Sec.    39.     Openings    Through    Contiguous    Mines.     All    Communicating 

Outlets  Between  Contiguous  Mines  Shall  Be  Established  By 

Agreement  Between  the  Owners  Thereof. 

When  communicating  outlets  have  been  established  between  contigu- 
ous mines,  it  shall  be  unlawful  for  the  operator  of  either  mine  to  close 
the  same  without  the  consent  of  both  the  contiguous  operator  or  owner, 
and  the  Inspector  of  Mines. 


116  OFFICIAL  PROCEEDINGS 

Provided,  however,  that  when  such  contiguous  outlets  have  been  es- 
tablished, each  operator,  unless  it  shall  have  been  otherwise  provided  by 
agreement,  shall  pay  a  fair  proportionate  share  of  keeping  such  openings 
in  such  condition  that  men  working  in  such  contiguous  mines  may  hav^ 
access  to  the  surface  thereby. 

Provided,  further,  that  in  the  event  of  either  operator  desiring  to 
abandon  mining  operations,  the  expense  and  duty  of  maintaining  such 
communications  shall  devolve  upon  the  party  continuing  operations  and 
using  the  same. 

•In  the  event  of  failure  or  refusal  on  the  part  of  one  contiguous  oper- 
ator to  keep  such  opening  in  safe  condition,  the  other  contiguous  operator 
shall  have  access  thereto  for  the  purpose  of  repairing  and  maintaining 
the  same.  When  operators  of  contiguous  mines  have,  by  agreement,  es- 
tablished underground  communications  between  said  mines  as  escapement 
outlets  for  the  men  employed  in  both,  it  shall  be  the  duty  of  each  oper- 
ator to  cause  such  communicating  outlets  in  each  operator's  mine  to  be 
inspected  at  least  once  in  every  twenty-four  hours;  and  it  shall  be  the 
duty  of  each  operator  to  see  to  it,  within  their  respective  mines,  that  the 
same  are  kept  clear  of  every  obstruction  to  travel  and  that  intervening 
doors,  if  any,  shall  be  kept  unlocked  and  ready  at  all  times  for  immedi- 
ate use. 

Sec.  40.     Provisions  Affecting  Mines  Having  But  One  Outlet. 

In  every  mine  within  this  State,  where  under  the  provisions  of  Sec- 
tion 38  of  this  Act  but  one  outlet  is  required,  and  where  a  single  shaft 
affords  the  only  means  of  ingress  or  egress  to  persons  employed  under- 
ground, such  shaft  if  more  than  200  feet  deep  shall  be  divided  into  at 
least  two  compartments.  One  of  said  compartments  shall  be  set  aside 
and  used  exclusively  as  a  ladder  way.  Whenever  such  ladder  way  com- 
partment shall  be  covered  by  a  non-fireproof  building,  it  shall  be  the  duty 
of  the  operator  of  said  mine  to  cause  said  ladder  way  to  be  securely  bulk- 
headed  at  a  point  at  least  25  feet  below  the  collar  of  the  shaft;  and  below 
this  bulkhead,  if  the  shaft  is  situated  upon  a  side  hill,  a  drift  shall  be 
driven  to  the  surface;  if  the  shaft  containing  said  ladder  way  be  other- 
wise situated  this  drift  shall  be  driven  on  a  level  to  a  safe  distance, 
but  in  no  case  less  than  30  feet  beyond  the  walls  of  the  building  covering 
the  main  shaft,  and  from  such  point  a  raise  shall  be  made  to  the  surface. 
The  said  raise  shall  be  equipped  with  a  ladder  way,  and  it,  together  with 
the  drift  connecting  with  the  main  shaft,  shall  be  kept  in  good  repair  arid 
shall  afford  an  easy  exit  in  the  event  of  fire.  A  failure  on  the  part 
of  the  operator  of  said  mine  to  carry  out  or  cause  to  be  carried  out  the 
provisions  of  this  'Section  shall  constitute  a  violation  of  this  Act. 

Sec.  41.     Outlets  Not  to  Be  Covered  by  Houses. 

It  shall  be  unlawful  for  the  operator  of  any  mine  within  this  State, 
after  the  passage  of  this  Act,  to  erect  any  structure  over  the  shaft  or  out- 
let of  any  mine,  except  head  frames  necessary  for  hoisting  from  such 
shaft  or  outlet,  and  the  hatch  or  door  necessary  for  closing  such  shaft 
or  outlet. 

Provided,  however,  it  shall  be  lawful  to  erect  a  housing  of  non-inflam- 
mable and  fireproof  material  over  such  shaft  or  adit  to  protect  the  men 
working  at  such  point.  In  the  case  of  existing  houses  covering  the  mouths 
of  shafts  or  adits,  it  shall  be  the  duty  of  the  Superintendent  of  the  mine 
to  cause  the  immediate  removal  of  all  inflammable  material  stored  therein, 
and  it  shall  be  the  further  duty  of  such  Superintendent  to  prohibit  the 
storage  of  any  inflammable  material  within  thirty  feet  from  the  exterior 
walls  of  any  such  existing  house  or  within  a  like  distance  from  the  walls 
of  any  housing  hereinafter  built  under  the  provisions  of  this  Section.  A 
failure  on  the  part  of  any  such  Superintendent  to  enforce  the  provisions 
of  this  Section  relative  to  the  storage  of  inflammable  materials,  shall  be 
deemed  a  violation  of  this  Act. 


AMERICAN  MINING  CONGRESS  117 

It  shall  be  the  duty  of  every  operator  to  provide  every  adit,  the  mouth 
of  which  is  covered  by  a  house  or  building  of  any  kind,  with  a  door  near 
the  mouth  of  the  adit,  that  can  be  closed  from  outside  of  the  building 
by  a  pull  wire  or  cable  in  the  event  of  fire. 

Sec.  42.     Ladderways  and  Ladders. 

It  shall  be  the  duty  of  the  owner  or  operator  of  every  mine  to  pro- 
vide in  addition  to  any  mechanical  means  of  ingress  or  egress,  at  least 
one  means  of  outlet  for  the  miners  by  means  of  ladders,  from  the  lowest 
workings  of  the  mine  to  the  surface.  All  ladders  and  ladder  ways,  con- 
structed after  the  passage  of  this  Act,  shall  be  built  as  prescribed  in 
Rules  35  to  42  of  Section  37  of  this  Act.  All  floors  of  setts  in  stopes  and 
every  shaft,  winze,  raise  or  incline  steeper  than  35  degrees  from  the  hori- 
zontal through  which  men  are  obliged  to  pass,  shall  be  provided  with 
ladders  and  ladderways  as  specified  in  this  Section. 

Sec.  43.    Ventilation. 

The  operator  of  every  mine,  whether  operated  by  shaft,  slope  or  drift, 
shall  provide  and  maintain  for  every  such  mine  a  good  and  sufficient 
amount  of  ventilation  for  such  men  and  animals  as  may  be  employed 
therein,  and  shall  cause  an  adequate  amount  of  pure  air  to  circulate 
through  and  into  all  the  shafts,  winzes,  levels  and  all  the  working  places 
of  such  mine. 

Sec.  44.   Sanitation.   Dry  Closets. 

It  shall  be  the  duty  of  the  operator  of  every  mine,  for  the  purpose  of 
improving  the  sanitation  thereof,  and  preserving  the  health  of  those  em- 
ployed therein,  to  provide  dry  closets  for  the  use  of  all  men  employed  in 
such  mines.  At  least  one  of  such  closets  shall  be  placed  on  every  level 
where  an  average  of  twenty-five  or  more  men  are  employed,  at  any  one 
time,  and  at  least  one  such  closet  shall  be  provided  for  every  twenty- five 
men  employed  within  such  mine.  No  dry  closet  shall  be  constructed  with- 
out adequate  provision  for  the  effectual  cleansing  and  removing  of  the 
contents  thereof,  which  shall  be  removed  and  disposed  of  from  time  to 
time.  It  shall  be  the  duty  of  the  Mine  Foreman  to  cause  each  dry  closet  to 
be  supplied  with  some  disinfectant  or  deodorizer  to  be  sprinkled  upon  the 
contents  thereof.  It  shall  be  the  duty  of  all  men  employed  within  any 
mine  where  such  closets  are  provided  to  use  such  closets  exclusively  when 
in  the  mine.  Any  operator  of  any  mine  who  shall  neglect  or  fail  to  provide 
closets,  as  required  by  this  section,  for  use  in  any  such  mine,  shall  be 
deemed  guilty  of  a  violation  of  this  Act. 

Sec.  45.     Roof  Inspection. 

In  all  mines  where  stoping  is  done  by  the  opening  of  chambers,  the 
roof  thereof  being  supported  only  by  the  walls  of  the  chambers,  or  by 
pillars,  it  shall  be  the  duty  of  the  superintendent  of  the  mine  to  de-' 
tail  a  competent  man  to  make  a  frequent  inspection  of  the  roof  of  these 
parts  of  the  mine  where  men  are  employed,  and  said  man  so  detailed  shall 
be  charged  with  the  duty  of  dislodging  any  slabs  of  rocks  in  said  roof 
which  have  become  loose.  While  such  dislodgment  is  being  effected,  the 
floor  of  the  stope  immediately  beneath  such  loose  rock  shall  be  fenced  off 
or  otherwise  adequately  guarded. 

Sec.  46.     Safety  Pillars. 

It  shall  be  the  duty  of  the  owner  or  operator  of  every  underground 
mine  to  leave  standing  on  the  inside  of  the  boundary  line  of  every  mining 
property,  safety  pillars  the  width  of  which  must  not  be  less  than  30  feet, 
measured  at  right  angles  from  the  said  boundary  line. 


118  OFFICIAL  PROCEEDINGS 

Provided,  however,  that  on  the  application  of  either  owner  of  adjoining 
mines,  the  Inspector  may  give  permission  in  writing  to  either  or  both 
owners  to  weaken,  cut  through  or  work  such  pillars,  if  in  the  opinion  of  the 
Inspector  the  same  will  not  be  dangerous  to  the  lives  of  those  employed 
within  either  of  said  mining  properties.  Such  consent,  or  a  copy  thereof, 
shall  be  filed  in  the  office  of  the  Inspector.  The  failure  of  the  operator  of 
either  or  both  of  such  adjoining  mining  properties  to  observe  the  pro- 
visions of  this  section,  shall  be  deemed  a  violation  of  this  Act. 

Sec.  47.     Intoxicating  Liquor  Prohibited  in  Mines. 

Whoever  shall,  while  under  the  influence  of  intoxicating  liquor,  enter 
any  mine,  or  any  of  the  buildings  connected  with  the  operation  of  the  same 
within  this  State,  where  miners  or  other  workmen  are  employed,  or  who- 
ever shall  carry  intoxicating  liquors  into  the  same,  shall  be  deemed  guilty 
of  an  offense  against  this  Act,  and  upon  conviction  shall  be  punished 
accordingly. 

Provided,  however,  nothing  herein  contained  shall  prevent  the  carrying 
of  any  alcoholic  spirits  of  liquor  into  such  mine  or  buildings  for  the  purpose 
of  administering  to  any  one  injured  therein. 

Sec.  48.     Penalties. 

Any  wilful  neglect,  refusal  or  failure  to  perform  the  duties  imposed 
and  required  to  be  performed  by  any  section,  clause,  provision  or  rule  of 
this  Act,  on  the  part  of  the  parties  or  persons  therein  required  to  perform 
them,  or  the  violation  of  any  of  the  provisions  or  requirements  thereof, 
shall  be  deemed  a  misdemeanor  punishable  by  a  fine  not  exceeding  five 
hundred  dollars,  or  by  imprisonment  for  a  period  not  exceeding  six  months, 
or  both,  at  the  discretion  of  the  Court. 

For  any  injury  to  person  or  property,  occasioned  by  any  wilful  violation 
of  this  Act,  or  wilful  failure  to  comply  with  any  of  its  provisions,  by  any 
owner,  operator  or  superintendent  of  any  metalliferous  mine  or  quarry 
within  this  State,  employing  at  least  ten  men,  a  right  of  action  shall  accrue 
to  the  party  injured  for  any  direct  damages  sustained  thereby,  against  said 
owner  or  operator,  and  in  case  of  loss  of  life  by  reason  of  such  wilful  viola- 
tion and  wilful  failure,  as  aforesaid,  a  right  of  action  shall  accrue  to  the 
widow  and  lineal  heirs  or  adopted  children  of  the  person  so  killed,  for  a 
like  recovery  for  damages  for  injury  sustained  by  reason  of  such  loss  of 
life,  not  to  exceed  the  sum  of  Five  Thousand  Dollars.  Provided  that  all 
suits  brought  under  this  section  shall  be  commenced  within  one  year  from 
the  time  any  cause  of  action  shall  have  accrued  under  this  section,  and  not 
afterward. 

Sec.  49.     Copy  of  Act  to  Be  Posted. 

It  shall  be  the  duty  of  the  superintendent  of  every  mine  within  the  pro- 
visions of  this  Act  to  post  or  cause  to  be  posted,  at  all  times,  in  the  office 
of  said  mine  and  on  a  building  or  board  in  some  conspicuous  place  at  each 
entrance  to  the  mine,  a  printed  copy  of  this  Act. 

Any  person  who  wilfully  removes,  injures  or  defaces  any  such  printed 
copy,  when  so  posted,  shall  be  guilty  of  a  violation  of  this  Act. 

Sec.  50.     Repeal  of  Inconsistent  Laws. 

All  laws  or  parts  of  laws  inconsistent  with  the  provisions  of  this  Act 
are  hereby  repealed. 

Sec.  51.     Act  to  Take  Effect. 

This  Act  shall  take  effect  on  the —  — day  of ,  19—. 

(N.  B.  At  least  ninety  days  after  the  passage  of  the  Act,  so  as  to  pre- 
pare the  miner  and  operator  to  the  changed  conditions.) 


AMERICAN  MINING  CONGRESS  119 

APPENDIX  B. 
FATAL  ACCIDENTS  IN  AMERICAN  METAL  MINES. 

The  occurrence  of  fatal  accidents  in  American  metal  mines  has  here- 
tofore attracted  less  attention  than  the  importance  of  the  industry  de- 
mands. It  may  be  conservatively  estimated  that  metal  mining  in  the  United 
States  in  1910  employs  approximately  150,000  persons,  exclusive  of  salaried 
officials  and  clerks.  The  census  report  on  mines  and  quarries  for  1902 
returned  the  number  employed  in  metal  mines  at  about  110,000,  but  it  is 
doubtful  whether  the  total  number  of  wage  earners  was  accurately  enum- 
erated for  some  of  the  mining  States.  The  rapid  progress  of  the  industry 
during  the  intervening  period  makes  it  practically  certain  that  the  number 

TABLE  1.     NUMBER  OF  PERSONS  KILLED  BY   ACCIDENT    IN  THE 
METALLIFEROUS  MINES  OF  NORTH  AMERICA,  1894-1908. 

1894. 1895.  1896. 1897.  1898. 1899.  1900. 1901. 


Michigan  —  Dickinson    County    

6 

14 

10 

11 

9 

19 

27 

Houghton  County    

22       46 

19 

26 

23 

27 

36 

33 

"           Marquette    County    

17 

19 

26 

24 

29 

Missouri     

17       23 

13 

16 

29 

27 

52 

41 

Montana  

27       41 

64 

52  • 

48 

49 

47 

35 

Newfoundland  —  Copper  

3 

Iron  and  pyrites... 

1 

Nova    Scotia  —  Gold    

1 

2 

1 

4 

1 

Ontario  —  Silver  and  cobalt  

1 

... 

1 

.  .  . 

Gold    

2 

1 

2 

11 

10 

... 

Iron  ore   

3 

"          Copper  and  nickel    

1 

2 

3 

7 

9 

British   Columbia  

6 

16 

13 

14 

United   States   66     116     207     231     238    .241     285     286 

Canada   1        5        2       15       30       34       28 


Grand    total 66     117     212     233     253     271     319     314 

1902. 1903. 1904. 1905. 1906. 1907. 1908.  Total. 


Jolorado    

82 

67 

101 

109 

82 

77 

64 

1,228 

Idaho    

20 

10 

20 

17 

18 

10 

95 

Michigan  —  Dickinson    County    .... 

10 

16 

9 

9 

15 

7 

4 

166 

Houghton    County    

44 

33 

45 

58 

44 

49 

58 

563 

Marquette    County    .... 

29 

23 

15 

22 

22 

37 

16 

279 

Missouri     .  .  •  

14 

17 

30 

49 

58 

42 

46 

474 

Montana     

47 

39 

41 

48 

52* 

42 

21 

653 

South   Dakota    

13 

8 

.  .  . 

8 

7 

6 

6 

48 

Newfoundland  —  Copper    

1 

4 

2 

.  .  . 

2 

... 

12 

Iron    and    pyrites. 

5 

2 

1 

6 

1 

16 

Nova    Scotia  —  Gold    

1 

1 

6 

2 

39 

Ontario  —  Silver    and   cobalt  

1 

2 

15 

24 

4-* 

Gold    

2 

6 

k  .  . 

3 

37 

Iron    ore    

3 

3 

1 

2 

3 

15 

Copper  and   nickel  

7 

2 

1 

6 

3 

4 

15 

60 

British    Columbia    

12 

15 

14 

14 

17 

20 

21 

162 

United    States    239     223     251     323     297     278     225     3,506 

Canada    29       28       25       28       33       41       66        365 


Grand   total 268     251     276     351     330     319     291     3,871 

employed  at  present  is  not  much  less  than  150,000.  The  principal  branches 
of  metal  mining  in  the  United  States,  in  the  order  of  their  quantitative 
importance,  are  iron,  copper,  gold  and  silver,  lead  and  zinc,  and  quicksilver. 


120  OFFICIAL  PROCEEDINGS 

In  1902,  before  the  copper  industry  had  attained  its  present  importance, 
the  distribution  of  hiine  labor  was  as  follows:  38,851  men  employed  in  the 
iron  mines;  36,142  in  the  gold  and  silver  mines;  26,007  in  the  copper  mines; 
7,881  in  the  lead  and  zinc  mines;  and  about  1,500  persons  employed  in  the 
mining  of  quicksilver. 

Need  of  Effective  Legislation  for  Metal  Mine  Inspection. 

For  most  of  these  industries  the  present  information  regarding  the 
occurrence  of  fatal  accidents  is  very  limited  and  of  more  or  less  doubtful 
value.  Official  returns  are  available  for  only  a  few  of  the  more  important 
metal- mining  States,  but  even  for  these  the  data,  as  a  rule,  are  presented 
in  the  aggregate,  and  not  with  a  due  regard  to  the  various  branches  of 
the  metal-mining  industry.  The  corresponding  returns  for  the  Canadian 
provinces  are  in  greater  detail,  and  they  have  therefore  been  included  in 
the  present  discussion  for  the  purpose  of  convenient  comparison.  While 
every  effort  has  been  made  to  make  the  returns  complete,  it  has  been 
impossible  to  secure  the  necessary  data  for  South  Dakota  for  1904.  No 
returns  are  available  for  the  metal  mines  of  California,  Nevada,  Utah, 
Arizona  and  a  number  of  other  States  in  which  the  industry  is  of  sufficient 
importance  to  warrant  official  supervision  of  mining  operations  and  the 
official  publication  of  the  essential  facts  regarding  the  industry. 

Table  1  exhibits  in  detail  for  the  several  States  and  the  Canadian 
provinces  the  number  of  fatal  accidents  in  metal  mines  officially  returned 
since  1894.  For  some  of  the  States  and  provinces  the  information  is  avail- 
able for  only  recent  years,  while  for  others  the  data  are  not  available  for 
the  entire  period.  The  lack  of  accurate  information  is  not  to  the  credit  of 
the  various  States,  which  have  been  decidedly  derelict  in  this  matter. 
There  are  no  satisfactory  reasons  why  returns  should  be  required  to  be 
made  of  the  accidents  occurring  in  the  coal  mines  of  Utah  and  not  in  the 
metal  mines  of  that  State,  nor  why  there  should  be  a  complete  absence  of 
public  interest  in  this  matter  on  the  part  of  such  important  mining  States 
as  California,  Nevada  and  the  Territory  of  Arizona.  It  is  reasonable  to 
suppose  that  the  total  of  3871  fatal  accidents  in  metal  mines  reported  as 
having  occurred  in  the  different  States  of  the  United  States  since  1894  is, 
therefore,  a  substantial  understatement  of  the  actual  facts.  In  all  prob- 
ability not  much  less  than  5000  deaths  have  occurred  during  the  period 
covered  by  the  table.  In  the  Canadian  provinces  during  the  same  period 
of  time  it  is  estimated  that  there  have  been  about  500  deaths  as  the  result 
of  metal-mining  casualties. 

The  incompleteness  of  the  table,  therefore,  precludes  an  accurate  sum- 
mary account  of  mining  fatalities  for  recent  years.  Upon  the  estimate 
that  about  150,0(50  wage  earners  are  employed  in  metal  mining  at  the  pres- 
ent time,  and  that  the  average  fatality  rate  throughout  the  United  States 
is  not  less  than  3  per  thousand,  it  is  reasonable  to  assume  that  the  total 
number  of  fatal  accidents  in  American  metal  mines  at  the  present  time  is 
not  much  less  than  500  per  annum. 

Table  2  exhibits  in  detail  the  fatality  rates  for  the  various  American 
States  and  Canadian  provinces  for  the  years  for  which  the  information  is 
available.  There  are  some  reasons  to  believe,  however,  that  the  number 
of  persons  employed  is  overestimated  for  some  of  the  States  by  the  in- 
clusion of  men  at  work  in  ore  milling,  smelting  and  refining,  without  a 
corresponding  inclusion  of  the  fatalities  occurring  in  this  group  of 
employees. 

Fatality  Rate  in  the  United  States. 

The  table  shows  that  between  1894  and  1908  the  fatality  rate  in  the 
United  States  has  varied  from  4.79  per  thousand  in  1895  to  2.37  per  thou- 
sand in  1908. 

The  rate  was  as  high  as  8.28  per  thousand  in  metal  mining  in  Mon- 
tana in  1896;  7.79  per  thousand  in  iron  mining  in  Dickinson  county,  Mich., 


AMERICAN  MINING  CONGRESS  121 

in  1901,  and  6.53  per  thousand  in  copper  mining  in  Houghton  county, 
Mich.,  in  1895;  while  the  rate  was  as  low  as  1.45  per  thousand  for  the 
metal  mines  of  Montana  in  1908.  The  information  at  present  available  is 
not  sufficient  for  a  precise  differentiation  of  the  accident  liability  accord- 
ing to  the  predominating  metallic  products  of  the  different  States.  When 
the  returns  are  combined  for  the  different  mining  fields  and  assumed  to 
represent  the  predominating  branch  of  the  minmg  industry,  it  would 
appear  that  the  fatality  rate  in  gold  and  silver  mining  as  determined  by 
the  combined  returns  for  Colorado,  Idaho  and  South  Dakota  was  2.75  per 
thousand  for  the  period  considered,  while  the  corresponding  rate  for  lead 
and  zinc  mining  in  Missouri  was  3  per  thousand;  for  copper  mining  in 
Montana,  3.53;  for  copper  mining  in  Houghton  county,  Mich.,  2.94;  and 
for  the  iron  mines  of  the  same  State,  4.17  per  thousand.  Averaging  the 
data  for  all  the  States,  and  for  all  the  years  for  which  information  i& 

TABLE  2.  FATAL  ACCIDENTS  IN  METALLIFEROUS  MINES  OF 

NORTH   AMERICA,    1894-1908. 
Ratio   of  Persons  Killed  per  1000  Employed. 

1894.  1895.  1896.  1897.  1898.  1899.  1900.  1901. 

Colorado     3 . 80    3 . 77    3 . 57    2.63    2 . 67  3.25 

Michigan — Dickinson  county 3.02    5.57    4.63    4.45    3.13    5.91  7.79 

Houghton     county..   2.99    6.35    2.33    2.98    2.20    2.07    2.58  2.44 

Marquette    county 4.09    4.33    4.60    3.62  5.58 

Missouri     3.36    3.70    2.65    2.51    3.81    2.46    4.49  3.73 

Montana     3.81    4.68    8.28    5.29    4.33    3.98    3.36  2.90 

Newfoundland — 'Copper    7 . 46    

Iron  and  pyrites 1.05 

Nova    Scotia— Gold    1.90    3.59    1.40    6.49    1.13 

Ontario — Silver   and   cobalt 16.95    20.00    

Gold    10.58    2.33    3.4518.0013.33    

Iron  ore 8.33 

Copper    and    nickel 2.06    ....    3.14    3.58    4.85  3.94 

British   Columbia 3.96    4.57    3.48  3.24 

United    States     3.39    4.79    4.24    3.82    3.59    2.87    3.18    3.47 

Canada     1.90    3.69    1.11    4.28    5.91    4.13    2.85 


Grand    total    3.39    4.73    4.22    3.74    3.63    3.04    3.26    3.40 

1902.  1903.  1904.  1905.  1906.  1907.  1908.  Total. 

Colorado     2.33  2.08  2.86  3.18    2.36  2.33 

Idaho     2.86  1.67  3.33    2.43  2.57 

Michigan — Dickinson     county.   2.54  4.00  2.95  2.80    4.30  2.06 

Houghton     county.    3.11  2.42  3.14  3.78    2.67  2.79 

Marquette    county.   5.26  3.83  3.73  4.35    3.77  5.49 

Missouri     1.23  1.37  2.20  3.93    4.38  2.79  2, 

Montana     3.41  2.75  2.83  3.27    3.47  2.71  1, 

South   Dakota. 3.71  2.39     2.26    1.88  1.71  1, 

Newfoundland— Copper    2.23  6.41  3.51    4.44  

Iron  and  pyrites  4.92  1.83  0.71  4.36    0.63  

Nova   Scotia— Gold    1.31  1.9911.61  4.14  

Ontario— Silver   and    cobalt 2.88    1.89  7.36  9.94 

Gold     3.8726.09  8.38 

Iron  ore    7.73  9.26    0.51    1.54    1.38 

Copper    and    nickel..   4.04  1.39  0.94  5.11    1.84  2.19  8.71 

British   Columbia    3.25  5.45  4.04  3.77    4.27  5.07  5.68 

United    States     2.74  2.40  2.76  3.41    2.98  2.83  2.37 

Canada     3.29  4.13  2.77  2.79    3.07  4.11  6.08 

Grand     total                    .    2.79  2.52  2.76  3.35    2.99  2.85  2.69      3.14 


122  OFFICIAL  PROCEEDINGS 

available,  the  fatality  rate  in  metal  mining  in  the  United  States  has  been 
3.09  per  thousand,  which  compares  with  3.13  per  thousand  for  the  coal 
mines  of  North  America  during  about  the  corresponding  period  of  time. 

Fatality  Bate  in  Canada. 

The  average  fatality  rate  for  the  metal  mines  of  Canada  during  the 
same  period  was  3.78  per  thousand.  The  average  rate  has  been  as  high 
as  6.64  per  thousand  for  the  silver  and  cobalt  mines  of  Ontario,  and  as 
high  as  6.54  per  thousand  for  the  gold  mines  of  that  province.  The  aver- 
age rate  was  lowest  for  the  iron-ore  mines  of  Ontario,  or  1.44  per  thou- 
sand, and  as  high  as  3.57  for  the  copper  and  nickel  mines  of  Ontario,  and 
3.50  per  thousand  for  the  copper  mines  of  Newfoundland.  The  rate  has 
been  comparatively  low  for  the  iron  and  pyrites  mines  of  Newfoundland, 
or  1.93  per  thousand,  while  it  has  been  above  the  average,  or  4.23  per 
thousand,  for  the  metal  mines  of  British  Columbia.  Some  of  the  extremely 
high  rates  for  individual  years,  and  particular  mining  fields,  are  due  to 
the  small  number  of  men  employed  and  do  not  indicate  with  accuracy 
the  true  occupation  hazard  of  the  industry.  The  information,  however, 
apparently  would  seem  to  bei  sufficiently  complete  to  warrant  the  conclu- 
sion that  the  average  fatality  rate  in  American  metal  mines,  or  3.09  per 
thousand,  is  less  by  as  much  as  0.69  per  thousand,  than  the  corresponding 
rate  for  the  metal  mines  of  Canada,  which  is  conservatively  calculated 
at  3.78  per  thousand. 

Metal  Mines  vs.  Coal  Mine  Fatalities. 

It  is  made  apparent  by  the  preceding  analysis  that  the  fatal-accident 
liability  in  metal  mining  is  certainly  not  much  less  than  the  corresponding 
accident  liability  in  coal  mining.  It  is  quite  possible  that  if  the  subject  were 
thoroughly  inquired  into  and  if  all  doubtful  data  were  eliminated,  it  would 
be  shown  that  the  fatal-accident  liability  is  really  greater  in  metal  min- 
ing than  the  corresponding  liability  in  coal  mining.  In  this  connection  it 
has  been  pointed  out  by  E.  T.  Corkill*.  Ontario  Inspector  of  Mines,  that: 

"In  metalliferous  mining  an  accident  seldom  occurs  in  which  a  con- 
siderable number  of  men  are  killed,  the  fatalities  usually  being  one  or  two 
at  a  time,  though  in  the  course  of  a  year  they  may  amount  to  a  large 
total.  Public  opinion  is,  therefore,  not  aroused;  the  management  of  the 
mine  is  not  so  much  impressed  with  the  importance  of  careful  supervision; 
the  miners  are  awakened  for  a  few  days,  and  then  forget,  and  the  same 
conditions  prevail  as  before.  It  is  a  common  belief  among  most  metal 
miners  that  the  fatalities  in  coal  mines  far  exceed  those  in  metalliferous 
mines.  This  is  a  great  mistake,  and,  while  it  is  not  proposed  to  argue 
that  metal  mining  is  as  hazardous  a  calling  as  coal  mining,  still  the  writer 
desires  to  impress  upon  all  metal  miners  that  only  care  and  close  super- 
vision of  their  work  will  lessen  the  number  of  accidents  and  place  metal- 
liferous mining  on  the  list  of  the  less  hazardous  occupations." 

Comparisions  of  International  Statistics. 

International  comparisons  have  their  inherent  limitations,  but  they 
serve  the  useful  purpose  of  bringing  into  contrast  at  least  the  apparent 
differences  in  conditions  which  may  demand  further  inquiry  and  qualified 
research.  Where  the  liability  to  error  is  as  serious  as  in  the  case  of 
mining-accident  statistics,  due  to  the  absence  of  information,  or  varying 
methods  of  reporting  casualties  according  to  the  degree  of  seriousness, 
an  international  comparison  may  be  seriously  misleading.  But,  subject 
to  this  caution,  the  following  rates  are  included  for  the  principal  mining 
countries  of  the  world.  The  rates,  with  few  exceptions,  are  for  the  period 
1899-1906  and  they  have  been  derived  from  the  annual  reports  of  the  Chief 
Mine  Inspectors  of  the  United  Kingdom. 


"Eighteenth  Annual  Report  of  the  Bureau  of  Mines  of  Ontario. 


AMERICAN  MINING  CONGRESS  123 

Algeria,  chiefly  iron  mines,  average  rate  1.38  per  thousand. 

Austria-Hungary,  iron  mines,  1.48;  other  metal  mines  3.11  per  thou- 
sand. 

Bohemia,  iron  mines,  1.67;    other  metal  mines  0.81  per  thousand. 

Bosnia  and  Herzegovina,  iron  mines,  1.84;  other  metal  mines,  0.82 
per  thousand. 

Belgium,  metal  mines,  0.75  per  thousand. 

France,  metal  mines,  2.02  (for  men  working  underground  the  rate  was 
2.49  and  for  men  working  overground,  0.92  per  thousand). 

Germany,  ore  mines  and  smelting  works,  1.07;  Prussia  considered  sep- 
arately, 1.08,  and  iSaxony,  0.81  per  thousand. 

Italy,  metal  mines,  including  sulphur,  1.73.  In  Italy  the  fatal -accident 
liability  in  sulphur  mines  alone  during  the  10-year  period  ending  with 
1899  was  2.84  per  thousand. 

Japan,  metal  mine    (1903-1906),  1.50  per  thousand. 

Portugal,  metal  mines,  0.95;  but  for  underground  workmen  alone  the 
rate  was  2.15  per  thousand. 

Spain,  chiefly  metal  mines,  but  including  some  coal  mines,  2.65  per 
thousand. 

Russia,  gold  mines   (1901-1903),  0.55  per  thousand. 

United  Kingdom,  metalliferous  mines,  1.14;  but  underground  work- 
men alone,  1.67,  and  workmen  overground  0.39  per  thousand. 

New  South  Wales,  alluvial  gold  mines,  0.54;  gold  quartz  mines,  0.87; 
silver  and  lead  mines,  2.49;  copper  mines,  1.22;  tin  mines,  0.83  per  thou- 
sand. (In  the  Broken  Hill  district  the  percentage  of  cases  of  lead  poison- 
ing1 averaged  during  the  decade  1897-1906,  0.32,  but  the  ratio  was  as  high 
as  1.12  per  cent  in  1902). 

Tasmania,  metal  mines  (1901-1906),  1.19  per  thousand. 

Queensland,  gold  mines,  1.70  per  thousand. 

Victoria,  gold  mines,  1.08  per  thousand. 

Western  Australia,  gold  mines,  2.15  per  thousand. 

British  Guiana,  gold  mines,  0.28;  alluvial  placer  gold  mines  in  1895, 
8  per  thousand. 

Kimberley,  diamond  mines  (white  miners  only),  1.36;  underground 
workmen  considered  alone,  5.28;  and  workmen  above  ground,  0.47;  col- 
ored miners,  only,  3.60;  workmen  underground,  only,  7.27,  and  above 
ground,  1.71  per  thousand. 

South  African  Republic  (1895-1898),  white  miners,  5.41;  colored  miners, 
4.44;  total,  4.56  per  thousand. 

Ceylon,  metalliferous  and  plumbago  miners,  mostly  the  latter,  0.37; 
underground,  1.01;  overground,  0.07  per  thousand. 

Gold  Coast,  gold  mines  (1898,  1903-1906),  2.41;  workmen  underground, 
6.03;  overground,  0.54  per  thousand. 

India,  gold  mines,  2.24;  underground,  3.23;  overground,  0.70  per 
thousand. 

India,  mica  mines,  0.75;  underground,  1.18;  overground,  0.13  per 
thousand. 

India,  manganese   (1901-1906),  0.37  per  thousand. 

India-Mysore,  gold  mines,  2.51  per  thousand. 

New  Zealand,  alluvial  gold  mines,  1.53;  quartz  gold  mines,  1.32  per 
thousand. 

Transvaal  (1902-1906),  gold  mines,  white  labor,  4.15;  colored  native 
labor,  4.74;  Chinese  labor,  6.50  per  thousand. 

It  requires  no  further  discussion  to  emphasize  the  practical  importance 
of  a  qualified  inquiry  into  the  whole  subject  of  fatal  accidents  in  metal 
mining  corresponding  to  the  amount  of  public  attention  which  is  being 
given  to  the  occurrence  of  fatalities  in  coal-mining  operations.  The  same 
neglect  of  metalliferous  mines  is  characteristic  of  English  mining  legisla- 
tion, which  has  never  been  as  effective  in  the  case  of  metal  mines  as  in 
that  of  coal  mines.  There  can  be  no  question  of  doubt  but  that  a  qualified 
inquiry  would  bring  to  light  many  facts  of  great  practical  importance, 
and  there  can  be  no  excuse  for  the  derelict  mining  States  of  the  far 


124  OFFICIAL  PROCEEDINGS 

West,  which  at  present  give  no  publicity  whatever  to  the  facts  of  accident 
occurrence  in  the  metal  mines  of  their  respective  States. 

FREDERICK  L.   HOFFMAN. 
Newark,  N.  J.,  March  1,  1910. 

PRESIDENT  BUCKLEY:  We  will  listen  to  the  announcements 
now  by  the  Secretary. 

SECRETRY  NORMAN:  I  have  here  Resolution  No.  34,  intro- 
duced by  Mr.  Hershey  of  Los  Angeles,  and  which  reads  as  follows: 

Resolution  No.  34. 

(By  C.  K.  Hershey  of  Los  Angeles,  California.) 

Whereas,  The  Government  of  the  United  States  is  investing  many 
thousands  of  dollars  in  irrigation  schemes  for  the  purpose  of  develop- 
ing the  agricultural  resources  of  this  country  for  the  benefit  and  gen- 
eral welfare  of  the  people,  and 

Whereas,  The  development  of  the  great  mineral  resources  of  our 
country  are  as  necessary  and  as  essential  to  the  general  welfare  of  all 
people  as  is  the  development  of  the  agricultural  resources,  and, 

Whereas,  There  are  many  thousands  of  acres  of  mining  ground 
containing  millions  of  tons  of  ore  that  would  add  millions  of  dollars 
to  the  wealth  of  our  nation,  if  developed,  and 

Whereas,  It  is  a  well  known  fact  to  every  mining  man  that  these 
millions  of  tons  of  gold,  silver,  copper  and  lead  ores  are  not  brought 
to  the  surface  and  added  to  the  wealth  of  our  country  because  of  un- 
fair, unjust  and  robber  methods  of  the  Smelter  Trust,  which  discour- 
ages and  makes  unprofitable  by  its  methods  of  extortion,  the  develop- 
ment of  thousands  of  mining  claims, 

Therefore,  Be  it  resolved  that  this  Congress  take  such  measures 
as  will  have  for  its  ultimate  object  the  establishment  of  government 
smelters  in  the  principal  mining  districts  and  smelt  ores  at  a  small 
margin  above  cost  and  thus  lend  encouragement  to  one  of  the  prin- 
cipal industries  of  our  nation. 

PRESIDENT  BUCKLEY:  Are  there  any  other  resolutions  to  be 
introduced  at  this  time? 

We  will  now  take  up  the  continuation  of  the  order  of  this  morn- 
ing— a  discussion  of  the  substitute  resolution  reported  by  the  Commit- 
tee on  Resolutions.  This  is  the  substitute  for  Resolution  No.  10  read 
this  morning  by  the  Secretary.  Are  there  any  further  remarks  on  this 
resolution? 

H.  FOSTER  BAIN  of  San  Francisco:  Mr.  President,  I  think  we  were 
all  much  interested  this  morning  in  the  eloquent  account  of  the  mis- 
takes of  the  Babylonians,  but  I  think  some  of  us  would  be  somewhat 
interested  in  considering  some  of  the  mistakes  of  the  present  day  and 
some  of  the  possible  mistakes  of  the  future.  I  am  perfectly  frank  to 
admit  that  I  am  in  favor,  for  the  present,  of  some  form  of  leasing 
system  as  applied  to  coal  and  other  mineral  lands.  I  am  also  frank 
to  admit  that  I  recognize  I  am  distinctly  in  the  minority  on  the  sub- 
ject and  that  the  only  thing  we  can  hope  to  achieve  is  a  little  discus- 
sion and  perhaps  to  get  together  on  some  of  the  facts  in  regard  to  the 
matter. 

The  gentleman  who  reviewed  the  subject  this  morning  seems  to 
be  unfortunate  in  having  only  known  of  recent  cases  where  the  sys- 
tem did  not  work  out  well. 

It  might  also  be  interesting  to  note  that  the  State  of  Colorado 
has  a  leasing  system  for  its  mineral  lands.  In  considering,  also,  the 
case  of  the  leasing  of  the  lead  lands  of  the  Mississippi  valley, 
which  I  happen  to  be  personally  a  little  familiar,  there  is  one  thing 


AMERICAN  MINING  CONGRESS  125 

which  should  be  brought  out.  We  would  infer  from  the  remarks  made 
this  morning  that  the  leasing  system  discouraged  prospecting.  His- 
torically, that  is  not  so  with  regard  to  the  leasing  of  mineral  lands  in 
the  Mississippi  valley.  I  know  all  of  those  lands.  I  know  the  history 
of  that  incident  perfectly,  and  discovery  went  ahead  just  the  same  at 
the  time  as  it  did  before  or  after.  The  prospector  was  just  as  free  then 
as  he  ever  was,  and  he  did  go  onto  those  lands  and  make  his  discovery 
and  his  rights  were  recognized  and  he  was  protected  in  them.  I  am 
free  to  admit  that  the  system  did  not  work  out  as  well  as  it  might, 
but  the  reason  was  that  it  happened  there  as  it  has  happened  else- 
where in  the  United  States  that  a  great  deal  of  land  had  been  classi- 
fied as  agricultural  which  was  not  agricultural.  Now,  if  any  further 
extension  of  the  leasing  system  is  adopted  we  may  have  the  same  dif- 
ficulty. But  it  was  not  because  of  any  fault  or  injustice  inherent  in 
the  leasing  system,  but  because  of  mistake  in  the  classification  of  the 
land  that  it  was  unsatisfactory. 

Furthermore,  the  gentleman  has  done  one  good  thing  for  us — he 
has  made  perfectly  clear  the  fact  that  the  leasing  system  is  not  an 
experiment,  nor  is  it  a  new  thing.  I  would  invite  your  consideration 
of  the  recent  cases  where  the  leasing  system  is  in  operation  today  in 
the  United  States  on  a  large  scale  in  mineral  lands  and  is  perfectly 
satisfactory — and  I  refer  to  the  State  of  Missouri.  The  president  of 
this  Congress  is  perfectly  familiar  with  conditions  there,  and  I  am  sure 
he  will  bear  out  the  statement  that  the  leasing  system  as  practiced  in 
the  Joplin  district  does  not  discourage  the  prospector.  It  must  be  upon 
terms  which  are  satisfactory  to  him  and  make  development  not  only 
possible  but  profitable.  The  greater  part  of  the  zinc  produced  in  this 
country  is  obtained  from  lands  which  are  under  lease,  and  it  is  the 
provisions  of  the  leasing  system  making  it  possible  for  the  small  man 
as  well  as  the  big  man  to  work  on  terms  of  advantage  to  him  which 
commend  it  to  me. 

Another  phase  of  the  subject  is  worthy  of  consideration.  We 
all  admit  the  present  condition  is  unsatisfactory.  We  all  want  to  do 
justice,  and  want  to  avoid  tying  things  up  for  the  future  in  such  shape 
that  justice  cannot  be  done.  The  leasing  system  makes  it  possible  in 
the  future  to  go  to  work  on  a  new  basis  and  under  new  conditions. 
If  you  have  once  passed  the  fee  over  to  a  man  that  is  not  possible, 
unless  you  condemn  and  purchase  back.  It  is  that  which  makes  it 
possible  to  go  right  ahead  with  our  exploration  at  present  on  terms 
which  are  satisfactory  to  each  man. 

Now,  there  is  another  phase  of  the  subject  which  has  not  yet  been 
brought  out,  and  which  I  want  to  mention.  This  morning  one  gentle- 
man said  we  hear  a  great  deal  about  this  power  of  the  trusts.  Now 
we  people  in  the  West  know  nothing  about  anything  of  that  kind, 
we  know  of  no  difficulties  of  that  kind  or  any  restraint  of  trade.  1 
will  cite  you  a  particular  instance  in  the  State  of  Colorado,  the  United 
Hydro  Power  Company,  which  operates  in  Georgetown,  Colorado,  and 
has  a  contract  with  the  Central  Colorado  Power  Company,  which  reg- 
ulates prices  and  does  other  things  of  that  sort.  You  hear  a  great 
deal  about  the  danger  of  central  control  of  these  things.  How  about 
the  danger  that  is  in  the  hands  of  the  directors  of  great  corporations? 
(Applause.) 

MR.  G.  W.  HULL,  of  Arizona:  Mr.  President,  Members  of  the 
American  Mining  Congress,  Ladies  and  Gentlemen:  It  gives  me  pleas- 
ure to  be  with  you  again.  One  year  ago  I  stood  upon  your  platform 
outlining  plans  for  the  Congress,  which  I  see  have  been  carried  for- 
ward. It  we  are  going  to  take  a  position  now  in  support  of  this  so- 
called  conservation  proposition  we  are  likely  to  down  the  interests 
that  we  have  come  here  to  promote — the  mining  interests  of  the  West 
and  of  the  United  States.  Are  we  going  to  down  the  interests  of  the 
men  who  have  fought  and  worked  and  prayed  and  who  have  developed 
the  western  country,  by  throwing  this  game  upon  them  and  saying 


126  OFFICIAL  PROCEEDINGS 

they  must  do  as  we  want  them  to  do?  Give  them  the  old  way  and  let 
them  work  and  let  the  country  progress.  The  country  has  been  brought 
to  the  front  by  the  miners  of  the  West — of  Colorado,  of  Arizona  and  of 
Utah.  (Applause.)  I  have  fought  for  the  rights  of  man;  I  have 
fought  for  the  rights  of  the  miner,  and  I  am  here  to  fight  for  his  inter- 
ests today.  He  is  the  man  who  has  built  your  fine  buildings  and  sent 
the  nation  to  the  front  ranks,  and  now  shall  we  down  him  and  say 
that  we  will  give  up  to  rabid  conservationists? 

MR.  WRIGHT,  of  Nevada:  Mr.  President  and  Gentlemen:  Be- 
fore I  begin  the  discussion  of  this  resolution  I  want  to  raise  a  ques- 
tion of  personal  privilege,  if  you  please  Mr.  Chairman.  I  was  appointed 
by  the  Board  of  County  Commissioners  of  Clark  county,  Nevada,  as 
delegate  here,  and  also  by  Mr.  Dickerson  as  delegate-at-large  from  the 
State  of  Nevada.  It  seems  to  me  I  ought  to  be  entitled  to  twenty  min- 
utes. Can  I  have  fifteen? 

PRESIDENT  BUCKLEY:  I  want  it  understood,  gentlemen,  that 
it  does  not  make  much  difference  whether  you  have  two  or  three  or 
four  appointments,  I  think  each  speaker,  no  matter  what  his  position 
is  ought  to  try  to  restrict  himself  to  ten  minutes.  If  there  is  more 
time  after  we  have  gotten  all  round  and  no  one  else  wishes  to  speak 
we  will  go  around  again  and  give  you  another  chance. 

MR.  WRIGHT:  Gentlemen  of  the  Convention,  I  wonder  how 
many  there  are  here  this  afternoon  that  have  camped  out  on  the  desert 
and  have  prospected  and  located  mines  and  helped  to  discover  iu^ 
sources  of  original  wealth.  I  have  slept  under  the  daggers  and  I  have 
camped  on  desert  sands  when  there  was  nothing  between  me  and  death 
but  the  hot  water  in  the  canteen.  Ever  since  the  Midwives  of  Egypt 
were  instructed  by  Pharaoh  to  strangle  the  male  children  of  the  Israe- 
lites, lest  they  crowd  them  out  of  the  land,  it  has  been  the  cry  of  political 
shepherds  that  everything  is  going  to  the  Styx.  It  is  not  true.  Gen- 
tlemen of  the  Convention,  there  is  more  coal  today  within  reach  of 
easy  transportation  than  ever  before  in  the  history  of  the  world.  We 
are  not  in  danger  of  freezing  to  death  for  lack  of  coal.  Again,  there  are 
more  forests  and  more  uncut  lumber  today  where  the  railroad  can 
reach  it  than  has  been  cut  since  the  days  of  Columbus.  Why  this  par- 
ticular solicitude  on  the  part  of  the  dear  people  at  present?  It  seems 
to  me  it  comes  as  the  cry  of  the  political  shepherds  who  want  to  make 
something  out  of  it  on  their  own  account.  (Applause.) 

What  are  the  facts  in  regard  to  this  convention?  Let  us  just  go 
over  a  few  of  the  questions.  This  question  of  the  leasing  system: 
As  I  said  before;  I  have  been  two  and  one-half  years  in  the  sagebrush 
swamps  of  southern  Nevada,  and  I  have  my  stake,  so  'tis  not  a  personal 
matter  with  me,  but  I  want  to  see  the  other  fellow  have  a  fair 
chance.  I  have  talked  with  these  men  by  the  scores  and  hundreds  and 
I  have  failed  to  find  a  single  miner  yet  who  believes  that  this  leasing 
system  ought  to  obtain.  (Applause.)  Mr.  Pinchot  said  plainly  here, 
and  I  thank  him  for  the  statement,  that  the  proposition  was  to  lease 
the  oil  and  the  forests  and  the  mineral  lands  and  hold  them  in  per- 
petual lease  from  the  government  to  the  people.  Why  didn't  he  go 
on  and  say  the  agricultural  lands  as  well?  Why  not?  Why  discrim- 
inate? Why  urge  class  legislation  against  the  miner  and  in  favor  of 
the  agriculturalists?  They  already  charge  us  more  for  our  land  than 
anybody  else  in  the  United  States  has  to  pay.  The  agriculturist  gets 
his  land  at  $1.25  to  $2.50  an  acre  and  we  have  to  pay  about  $35.00.  We 
have  to  pay  $5.00  an  acre  for  20  acres,  and  that  makes  $100,  and  then, 
we  have  to  do  $100  worth  of  work  each  year  for  five  years  before  we 
can  get  it  patented,  and  there  is  $500.  Then  count  up  your  surveys 
and  the  expenses  of  the  publication  of  notices,  etc.,  for  patent,  and  it 
costs  $35.00  to  $40.00  an  acre  for  all  the  land  that  we  get,  and  now 
they  propose  to  go  to  work  and  say  you  never  can  own  this  land.  I 
say  to  you,  gentlemen,  there  is  not  a  man  that  is  out  in  the  desert  today 


AMERICAN  MINING  CONGRESS  127 

that  cares  to  go  out  and  prospect  and  discover  mines  simply  that  he 
may  lease  them.  They  say  that  it  is  because  monopoly  would  get  hold 
of  it.  Why  is  it  not  just  as  easy  for  the  monopolists  to  buy  up  the 
leases  as  it  is  to  buy  up  the  land  itself? 

I  want  to  talk  just  a  few  minutes  on  this  question  of  state  regula- 
tion. In  the  first  place,  I  believe  it  is  right  that  the  state  should  con- 
trol in  this  matter  just  as  far  as  is  compatible  with  the  spirit  of  the 
Federal  statute,  and  I  think  if  there  is  anything  to  be  done  in  the  way 
of  Federal  legislation  to  safeguard  the  interests  of  the  miner  we  ought 
to  repeal  some  of  our  Federal  statutes  on  this  question.  In  the  second 
place,  the  governors  and  legislatures  and  the  state  boards  of  the  var- 
ious states  are  in  closer  touch  with  the  miners  and  the  mining  interests 
of  the  respective  states,  and  are  more  familiar  with  the  oil  and  mineral 
lands  therein  contained,  and  they  know  better  than  a  coterie  of  men 
back  there  in  Washington  can  possibly  know  what  is  needed.  They 
understand  the  spirit  and  temper  of  the  Western  people  who  have 
developed  our  resources  and  who  have  brought  us  through  the  diffi- 
culties of  the  early  stages  of  development,  and  have  brought  us  down 
to  where  we  can  do  something  and  let  us  not  now  go  to  work  and 
strangle  them  in  the  hour  of  their  birth.  If  all  this  power  is  to  be 
centralized  in  the  Federal  Government  it  is  practically  a  one-man  power. 
The  Secretary  of  the  Interior  would  have,  very  largely,  the  control  and 
the  say  in  regard  to  this  question.  Gentlemen,  if  we  get  a  man  in  there 
who  is  a  failure,  it  is  an  absolute  failure  for  four  years,  but  if  this 
thing  is  given  into  the  control  of  the  governors  of  the  various  states, 
forty-eight  of  them  in  the  United  States,  or  fourteen  or  fifteen  of  them 
in  the  Western  states,  if  we  get  two  or  three  failures  among  them  the 
other  twelve  or  thirteen  will  prove  successful,  and  so  we  cannot  ever 
possibly  have  more  than  a  partial  failure,  and  then  only  for  two  years. 

Now,  I  say,  let  the  governors  of  the  Western  states  step  in — we 
have  fourteen  or  fifteen  of  them  here  in  the  West — and  let  them  get 
together  on  these  conservation  questions  once  a  year  and  study  these 
questions  and  act  upon  them  in  the  interests  of  the  mining  industry 
and  the  oil  industry. 

Let  me  say  in  summing  up,  that  if  the  time  shall  ever  come  when 
the  uplifting  hand  of  a  majestic  people  shall  be  firmly  and  uncomprom- 
isingly set  against  every  form  of  graft  and  corruption  and  banish  these 
evils  from  the  face  of  the  earth — if  that  day  shall  ever  come  then  I 
think  it  may  be  safe  to  centralize  the  control  of  our  natural  resources 
in  the  executive  and  interior  department  at  Washington,  but  until  that 
day  does  come  I  believe  state  control  and  state  regulation  and  free 
lands  to  prospect  on  is  the  only  wise  and  radical  course  that  is  before 
us. 

I  thank  you.      (Applause.) 

JUDGE  RAY,  of  Nevada:  Mr.  President,  Ladies  and  Gentlemen 
and  Members  of  the  American  Mining  Congress:  I  do  not  know  that  1 
can  talk  to  you  in  such  eloquent  language  as  we  have  been  listening 
to.  I  am  nothing  but  a  hobo  prospector,  but  my  blood  is  boiling  now. 
Now,  I  come  from  the  old  state  of  Nevada  that  has  produced — and 
every  word  that  I  say,  go  to  your  statistics  and  see  if  you  cannot  find 
it  out — the  old  state  that  has  produced  one  billion,  four  hundred  and 
forty  millions  of  dollars,  the  old  state  that  excited  the  known  world, 
old  Virginia  city,  with  her  production  of  eight  hundred  and  sixty  mil- 
lions (applause),  and  on  down  the  line  those  old  men  of  Virginia  City 
— Mackey,  Flood  and  O'Brien.  Oh,  think  of  it,  my  friends,  when  you 
talk  across  the  Pacific  ocean  you  are  utilizing  the  wealth  that  Nevada 
has  produced;  when  you  walk  up  Fifth  Avenue  in  New  York  City  you 
see  the  mansions  built  on  each  side  that  Nevada  has  produced;  when 
you  go  over  to  Paris  you  see  it  again.  When  you  go  to  San  Francisco, 
nine  out  of  ten  of  the  sky  scrapers  in  the  city  of  San  Francisco  were 
built  out  of  Nevada  money.  And  now  these  old  prospectors  who  have 
traversed  this  desert  from  the  Mexican  line  to  British  Columbia,  who 


128  OFFICIAL  PROCEEDINGS 

have  found  all  the  mines  on  this  Western  slope  that  have  produced  the 
money  that  fills  the  channels  of  commerce,  are  you  going  to  say  to 
them  now,  "You  will  have  to  sit  down  and  starve  to  death;  we  cannot 
let  you  prospect  any  more?"  I  say  no!  I  say  no!  We  have  come  to  a 
time,  old  prospectors,  when  we  have  got  to  stand  up  and  let  our  voices 
be  heard.  The  old  laws  that  were  introduced  by  Senator  Stewart,  who 
stood  in  the  United  States  Senate  for  thirty-two  years,  are  good  enough 
for  me;  I  do  not  need  any  more.  They  have  enabled  me  to  make  money 
and  to  lose  it  (laughter),  and  for  the  last  six  months,  and  for  the  last 
three  years  I  have  been  working  to  make  it  again,  and  I  have  got  where 
I  can  make  it.  I  am  on  a  forest  reserve,  thank  you,  and  I  am  going  to 
make  it  right  there,  and  I  am  going  to  be  protected  by  the  laws  of  this 
country  and  Mr.  Pinchot  and  nobody  else  can  keep  me  from  it,  because 
we  have  the  laws  and  we  are  going  to  stand  by  what  is  right,  and  we 
are  not  going  to  do  anything  wrong.  (Applause.)  Those  laws  have  been 
made  for  us,  and,  thank  God,  they  were  made  for  us  long  ago.  Conser- 
vation? There  is  not  a  man  here — and  I  see  many  gray  headed  men — 
but  what  his  mother  taught  him  from  the  time  he  was  three  years  old 
until  he  was  ten  years  old  all  the  conservation  they  can  ever  teach  us 
in  the  next  hundred  years.  If  she  did  not  she  was  not  a  good  mother. 

Now,  gentlemen,  when  we  come  down  to  it,  when  you  heard  the 
other  day  of  the  great  oil  industry,  the  great  coal  industry,  the  great 
copper  industry  and  the  great  iron  industry  of  this  country,  that  goes 
in  alliance  with  the  gold  and  silver  industries  of  the  country,  but  there 
are  only  two  men  in  the  United  States  that  produce  a  dollar.  Just 
two  men.  Now  somebody  will  say:  "He  is  wrong."  I  will  prove  it  to 
you.  The  only  two  men  that  ever  produce  a  dollar  in  the  United 
States  is  the  gold  miner  and  the  silver  miner.  Now,  you  say,  what 
about  the  farmer,  the  copper  miner,  the  iron  miner?  For  example, 
you  bonded  your  city  not  over  two  years  ago  to  bring  a  great  water 
system  two  hundred  and  fifty  miles  from  the  Owens  river  down  here 
that  will  cost  you  twenty  millions  of  dollars.  When  you  signed  up 
those  bonds  the  most  important  paragraph  in  them  was:  "This  twenty 
million  dollars  to  be  paid  in  United  States  gold  coin."  When  you 
signed  up  those  bonds  every  six  months  there  was  to  be  interest  paid  on 
those  bonds,  and  those  coupons  say:  "Payable  in  United  States  gold 
coin."  They  do  not  say  they  will  take  a  trainload  of  oil,  a  trainload 
of  oranges,  a  trainload  of  prunes,  a  trainload  of  peaches  or  anything 
else  except  gold  coin.  (Applause.)  If  Mr.  Clark  sells  one  million 
dollars  worth  of  copper  to  China  he  doesn't  say,  "I  will  take  so  much 
tea,  or  so  much  fireworks,"  but  he  says,  "I  will  take  United  States  gold 
coin."  You  start  from  Los  Angeles  with  a  hundred  thousand  dollars 
worth  of  oranges  to  Omaha;  I  start  with  a  hundred  thousand  dollars 
worth  of  gold  ore  to  Omaha.  You  sell  your  oranges,  and  in  six  months 
they  are  eaten  up;  I  sell  my  gold  to  that  smelter  and  get  my  $20  gold 
pieces,  and  they  go  down  and  down  through  the  channels  of  commerce 
for  time  and  time  to  come,  and  fifty  years  from  now  my  hundred 
thousand  dollars  is  expended  in  the  construction  of  a  great  edifice,  and 
it  pays  the  carpenter  and  the  miner  and  the  hardware  merchant  and 
everybody  else,  but  your  oranges  are  eaten  and  gone  and  forgotten. 
(Laughter  and  applause.)  The  farmer  starts  to  Chicago  with  a  train- 
load  of  cattle.  He  sells  them.  No,  he  does  not.  When  he  goes  in 
there  a  man  inspects  them  before  they  go  into  the  yard;  they  are  in- 
spected again  before  they  go  to  the  slaughter  house,  they  are  inspected 
again  before  they  are  shipped  out,  and  when  they  reach  Los  Angeles 
they  are  inspected  again  before  they  will  let  you  eat  them.  But  in  six 
months  it  is  gone.  My  hundred  thousand  dollars  worth  of  gold  is  per- 
forming its  duty  in  the  channels  of  trade  every  year  and  all  of  the  time. 
The  gold  and  silver  miner  is  the  only  one  that  produces  a  dollar. 
(Applause.) 

Now,  when  we  get  down  to  dividends,  do  you  know,  my  dear 
friends,  that  sixty-seven  per  cent  of  all  of  the  freight  hauled  on  all 


AMERICAN  MINING  CONGRESS  129 

of  the  combined  railroads  of  the  United  States  is  hauled  for  the  mining 
industry?  Do  you  know  that  the  mining  industry  pays  more  dividends 
than  all  the  railroads  and  all  the  combined  banks  of  the  United  States? 
Now,  I  want  to  say  to  you  fellows,  for  God's  sake  don't  deal  unfairly 
with  that  old  prospector,  who  has  made  for  you  all  that  you  now  pos- 
sess. (Applause.)  I  ask  you  as  delegates  to  this  Congress  to  come 
forth  and  lift  your  voices  like  the  brave  men  that  I  know  you  are  and 
say,  "We  will  stop  it."  Do  you  mean  to  say  that  you  are  going  to  de- 
stroy the  system  that  has  made  for  us  what  we  have  got?  I  say  no. 
Let  us  be  men.  Give  me  the  forest  reserves  of  this  country,  of  the 
State  of  Nevada,  for  instance,  where  I  am  more  familiar  with  them; 
give  me  those  reserves  and  let  me  talk  to  the  miner  in  those  reserves 
for  ten  minutes  and  I  will  guarantee  you  there  will  be  no  forest  fires 
there  that  will  destroy  it  in  three  months,  because  he  takes  care  of  it. 
(Applause.)  But  turn  it  over  to  the  sheep  herder  and  he  will  burn 
it  up. 

As  I  said  before — and  I  haven't  much  more  time — those  old  mining 
laws  that  have  been  enacted,  those  old  laws  that  were  made  for  us — 
and  I  am  speaking  particularly  to  the  old  gray-headed  men — those  old 
laws  that  were  dictated  and  given  to  us  by  Alexander  Hamilton,  George 
Washington,  Thomas  Jefferson,  and  such  men  as  those,  are  we  going  to 
turn  them  down?  Ain't  they  good  enough  for  us?  Or  are  we  going 
to  stand  here  and  have  a  political  cap  pulled  down  over  our  eyes  and 
go  to  sleep?  Which  are  we  going  to  do?  It  is  up  to  us  to  do  one  or 
the  other. 

Now,  as  my  friend  from  Arizona  pointed  out  to  you  the  stars  on 
that  flag  the  other  day  and  said  he  would  be  glad  to  see  the  day  when 
Arizona  could  be  represented  on  that  flag,  the  21st  star  on  that  flag, 
what  does  it  belong  to?  What  does  the  twenty-first  star  on  that  flag 
represent?  The  grand  old  battle-born  State  of  Nevada.  And  why  was 
it  called  that?  Because  when  you  boys  in  blue  marched  into  Wash- 
ington Uncle  Sam's  currency  was  worth  thirty-seven  cents  on  the  dol- 
lar and  the  gold  and  silver  from  Nevada  paid  you. 

I  thank  you.     (Applause.) 

E.  V.  SMITH,  of  California:  Mr.  President,  Ladies  and  Gentle- 
men, Members  of  the  American  Mining  Congress:  I  just  want  a 
moment  to  correct  what  seems  to  be  a  misapprehension  on  the  part  of 
the  gentleman  who  last  spoke  about  the  agricultural  interests  of  this 
state  and  country  not  having  produced  any  wealth.  Now,  to  illustrate, 
take  an  orange  grove.  That  orange  grove  has  produced  $20,000  in 
good,  hard  cash;  it  is  grown  from  the  soil,  from  the  roots  of  those 
orange  trees,  and  it  has  added  that  much  to  the  wealth  of  this  coun- 
try. I  am  "blowing  in"  about  three  or  four  thousand  dollars  a  year 
in  assessment  work  in  gold  and  copper  mines  that  have  never  produced 
a  dollar  yet.  That  is  all  I  have  to  say.  (Applause.) 

PRESIDENT  BUCKLEY:  I  appreciate  that  confession  is  good  for 
the  soul,  but  I  would  like  to  further  request  that  the  speakers  kindly 
keep  as  close  as  possible  to  the  questions  before  the  house. 

GENERAL  SAMPSON,  of  Arizona:  Mr.  President,  I  rise  merely 
to  ask  this  question,  or  to  make  this  suggestion:  There  were  read  this 
morning  a  dozen  or  more  resolutions,  and  if  we  take  up  as  much  time 
for  each  of  those  as  we  are  taking  for  this  one  we  will  not  get  away 
from  here  until  the  last  of  next  week,  and  some  method  ought  to  be 
adopted  whereby  a  fair  division  of  time  can  be  given  to  each  of  these 
resolutions. 

PRESIDENT  BUCKLEY:  I  wish  to  simply  make  the  statement 
that  from  what  I  have  heard  here  at  this  forenoon's  session  and  this 
afternoon's  session  the  addresses  that  have  been  made  are  of  such  a 
general  nature  that  you  can  apply  them  to  all  of  the  resolutions,  and 
I  do  not  think  it  will  be  necessary  for  a  gentleman  who  has  spoken  on 


130  OFFICIAL  PROCEEDINGS 

one  of  the  resolutions  to  repeat  what  he  said  in  the  discussion 
of  others.  However,  I  trust  you  will  confine  yourselves  as  closely  as 
possible  to  the  question.  I  shall  take  the  liberty  very  soon  of  calling 
you  to  order  if  you  do  not.  Are  there  any  further  remarks  on  this 
question?  If  not,  are  you  ready  for  the  question? 
Question  called  for. 

PRESIDENT  BUCKLEY:  The  Secretary  will  read  the  substitute 
reported  by  the  Resolutions  Committee  for  Resolution  No.  10. 

The  substitute  was  read  by  Secretary,  whereupon  it  was  adopted 
with  only  one  vote  in  the  negative. 

PRESIDENT  BUCKLEY:  The  Secretary  will  please  read  the  sub- 
stitute for  Resolution  No.  12. 

The  substitute  .was  read  by  Secretary. 

MR.  GEORGE  W.  E.  DORSE Y:  Mr.  President,  I  move  the  adop- 
tion of  the  substitute  for  the  original  motion,  which  has  just  been  read. 
Seconded. 

PRESIDENT  BUCKLEY:  The  motion  has  been  made  and  sec- 
onded that  the  substitute  for  Resolution  No.  12,  as  read,  be  adopted. 
Are  you  ready  for  the  question? 

Question  called  for. 

MR.  DORSE  Y:  I  do  not  think  it  is  necessary  to  say  a  word  on 
this  question,  Mr.  President. 

Substitute  for  Resolution  No.  12  was  adopted  unanimously. 

PRESIDENT  BUCKLEY:  The  Secretary  will  read  the  substitute 
for  Resolution  No.  22. 

Substitute  read  by  Secretary. 

MR.  DORSE  Y:  I  move  the  adoption  of  this  substitute  for  resolu- 
tion No.  22.  Seconded. 

PRESIDENT  BUCKLEY:  The  motion  has  been  made  and  seconded 
that  the  committee's  substitute  for  Resolution  No.  22  be  adopted.  Are 
there  any  remarks? 

MR.  G.  W.  HULL,  of  Arizona:  Mr.  President,  I  have  been  study- 
ing up  this  question  in  regard  to  the  water  powers  of  the  country.  We 
need  them.  We  want  to  preserve  the  timber  and  the  water  powers 
will  preserve  the  timber.  We  have  the  ocean  here  at  our  doors.  Every 
inlet  can  be  utilized  to  carry  the  electric  current  to  your  doors  by  build- 
ing dams,  as  you  build  them  on  your  streams  to  run  the  electric  process. 
If  we  expect  to  save  the  coal  of  Alaska,  the  coal  of  this  country,  the 
timber  of  this  country,  we  must  see  to  it  that  proper  legislation  is  se- 
cured with  that  aim  in  view.  I  say  that  we  have  to  do  something  to 
save  the  timber,  the  coal,  and  if  we  can  harness  the  waters  and  the 
powers  of  the  ocean  to  do  our  work  we  will  be  moving  on  more  grandly 
than  we  have  ever  moved  before.  (Applause.) 

Question  called  for. 

Substitute  for  Resolution  No.  22  was  carried  unanimously. 

MR.  DORSEY:  I  now  move,  Mr.  President,  that  the  substitute 
for  Resolution  No.  25,  which  I  will  ask  the  Secretary  to  read,  be 
adopted.  Seconded. 

PRESIDENT  BUCKLEY:  The  motion  is  made  and  seconded  that 
the  committee's  substitute  for  Resolution  No.  25  be  adopted.  The  sub- 
stitute resolution  will  be  read  by  the  Secretary. 

Resolution  No.  25  was  then  read  by  the  Secretary. 


AMERICAN  MINING  CONGRESS  131 

GOVERNOR  J.  J.  GOSPER:  Mr.  President  and  Gentlemen:  While 
it  was  my  purpose  to  have  spent  at  least  the  ten  minutes  assigned  to 
the  delegates  to  this  convention  upon  the  subject  of  conservation,  the 
other  gentlemen  who  have  talked  have  spoken  for  me,  as  it  were,  by 
proxy.  j 

Now,  on  this  matter  of  conservation  I  approve  of  the  position  you 
have  taken  upon  this  subject.  All  my  life,  from  a  four-year  old  boy, 
I  have  lived  in  the  West,  even  before  the  cars  had  reached  Chicago. 
Westward  had  been  my  course,  it  seems,  providential  or  otherwise — 
from  Illinois  to  Nebraska  ahead  of  the  railroads,  down  into  this  city 
before  the  Southern  Pacific  had  reached  Los  Angeles,  over  into  Ari- 
zona ahead  of  the  railroads,  and  for  thirty-five  years  I  have  been  a 
prospector  and  miner  and  promoter,  and  all  that  sort  of  thing,  in  con- 
nection with  mining  matters,  and  I  want  to  say  this  much,  and  then  I 
will  sit  down;  I  am  irrevocably  opposed  to  the  government  of  the 
United  States  passing  a  law  that  will  take  one  red  cent  out  of  the  pock- 
ets of  the  hardy,  daring  prospector  who  has  risked  his  very  life  lying 
at  night  upon  the  hot  sands,  tramping  over  the  deserts  under  the  burn- 
ing sun  of  noonday,  ever  in  danger  of  attack  by  wild  beasts,  and  up  in 
death  valley,  as  many  of  you  know,  many  a  prospector  has  lost  his  life 
from  hunger  and  thirst,  and  even  before  death  has  come  to  him,  when 
he  has  given  up,  the  wild  beasts  have  come  and  eaten  the  flesh  off  his 
bones.  I  say  the  prospector,  especially,  who  turns  his  back  towards  his 
friends  where  he  was  born  and  goes  into  the  desert  country  to  prospect 
for  gold  and  silver  and  other  minerals,  is  certainly  entitled  to  great 
credit,  and,  in  God's  name,  let  us  give  it  to  him,  and  I  am  glad  that  this 
Congress  has  such  excellent  sense  as  to  take  the  position  in  it  that  it  has 
taken. 

One  other  word  and  I  will  sit  down.  I  am  in  favor  of  this  govern- 
ment of  the  United  States  quit-claiming  all  its  right,  and  title  in  and 
to  every  acre  of  land  and  every  drop  of  water  and  every  tree  in  the 
forests  within  the  limits  of  all  of  the  western  states  at  this  time,  Mr. 
Chairman,  and  gentlemen,  because  we  are  here  upon  the  ground  and 
are  capable  of  looking  after  these  interests  ourselves  without  the  aid  or 
assistance  of  Mr.  Pinchot  and  his  followers. 

PRESIDENT  BUCKLEY:  Are  there  any  further  remarks  upon 
this  resolution? 

Question  called  for. 

The  motion  being  put,  the  substitute  for  Resolution  No.  25  was 
adopted. 

A  MEMBER:  Mr.  President:  I  have  here  a  resolution  which  I 
desire  at  this  time  to  introduce.  I  understand  that  your  Committee  on 
Resolutions  has  not  yet  reported  upon  the  California  oil  situation. 
This  is  satisfactory,  as  far  as  I  can  learn,  to  the  California  delegation. 

PRESIDENT  BUCKLEY:  The  resolution  will  be  referred  to  the 
Committee  on  Resolutions.  The  introduction  of  the  resolution  at  this 
time  is  out  of  order,  but  we  will  accept  it  and  have  it  referred  to  the 
committee  and  read  later. 

MR.  DORSE Y:  Mr.  President:  I  move  the  adoption  of  the  sub- 
stitute offered  by  the  Committee  on  Resolutions  for  Resolution  No.  24. 
Seconded. 

PRESIDENT  BUCKLEY:  The  motion  is  made  and  seconded  that 
the  committee's  substitute  for  Resolution  No.  24  be  adopted.  The  Sec- 
retary will  read  the  resolution. 

The  resolution  was  then  read  by  the  Secretary. 

PRESIDENT  BUCKLEY:  This  resolution  is  before  you.  Are 
there  any  remarks? 


132  OFFICIAL  PROCEEDINGS 

MR.  HULL,  of  Arizona:  Mr.  President:  I  believe  the  Territories 
should  be  included  in  that. 

MR.  DORSET:  There  are  no  Territories  excepting  Arizona  now. 
You  will  be  in  the  Union  in  a  few  days. 

The  motion  being  put  to  vote,  the  substitute  for  Resolution  No.  24 
carried  unanimously. 

MR.  DORSET:  As  to  Resolutions  Nos.  11,  13  and  16,  we  recom- 
mend to  the  Convention  that  they  lie  upon  the  table.  Seconded. 

PRESIDENT  BUCKLET:  The  motion  is  made  and  seconded  that 
Resolutions  Nos.  11,  13  and  16  lie  upon  the  table.  Are  you  ready  for 
the  question? 

MR.  DORSET:  I  will  explain,  Mr.  President,  that  those  resolu- 
tions were  repetitions  of  other  resolutions  acted  upon,  and  the  recom- 
mendations in  those  resolutions  have  been  covered  by  other  resolutions 
that  have  been  offered. 

MR.  SAMPSON:  We  would  like  to  have  them  read  before  we  lay 
them  on  the  table.  It  will  take  but  a  minute. 

MR.  DORSET:  They  are  quite  lengthy,  and  I  will  state  to  my 
friend  Sampson  that  we  recommend  what  those  resolutions  ask  for. 

MR.  SAMPSON:     Do  you  certify  them  to  be  fully  covered? 

MR.  DORSET:     Tes. 

Motion  to  lay  upon  the  table  carried. 

MR.  DORSET:  I  now  call  up  Resolution  No.  4,  introduced  by 
Mr.  Mudd,  and  we  recommend  the  adoption  of  the  following  substitute 
for  that  resolution. 

The  substitute  was  read  by  the  Secretary. 

MR.  DORSET:     I  move  the  adoption  of  the  resolution.     Seconded. 

THE  PRESIDENT:  The  motion  is  made  and  seconded  that  the 
substitution  for  Resolution  No.  4,  introduced  by  Mr.  Mudd,  be  adopted. 
Are  there  any  remarks? 

The  motion  being  put,  the  resolution  was  adopted  unanimously. 

The  resolution  will  be  found  on  page  173. 

MR.  DORSET:      We  also  recommend  the  adoption  of  Resolution 
No.  6,  introduced  by  Mr.  Mudd,  and  will  ask  the  Secretary  to  read  it. 
The  Secretary  read  the  resolution. 
MR.  DORSET:     I  move  the  adoption  of  the  resolution.     Seconded. 

PRESIDENT  BUCKLET:  It  is  moved  and  seconded  that  the  reso- 
lution be  adopted  as  read.  Are  you  ready  for  the  question? 

The  question  was  put  and  the  resolution  adopted  unanimously. 
The  resolution  will  be  found  on  page  174. 

MR.  DORSET:  Tour  Committee  on  Resolutions  reports  back 
Resolution  No.  18,  introduced  by  Mr.  Kerr  of  California,  with  the 
recommendation  that  it  do  not  pass,  and  that  the  resolution  be  laid  upon 
the  table.  I  will  ask  the  Secretary  to  read  it. 

The  Secretary  read  the  resolution,  which  appears  on  page  49  of 
this  report. 

MR.  DORSET:     I  move  the  adoption  of  the  report.     Seconded. 

PRESIDENT  BUCKLET:  It  is  moved  and  seconded  that  the  re- 
port of  the  Committee  on  Resolutions  on  Resolution  NO.  18  be  adopted, 


AMERICAN  MINING  CONGRESS  133 

the  recommendations  of  the  committee  being  that  Resolution  No.   18 
be  not  concurred  in.     Are  you  ready  for  the  question? 

The  motion  carried,  and  Resolution  No.  18  was  laid  on  the  table. 

MR.  DORSET:  Resolution  No.  15,  introduced  by  Mr.  Mendels  of 
New  York.  The  committee  has  considered  this  carefully,  while  it  is 
quite  long,  giving  an  abstract,  showing  how  all  companies  attempting 
to  float  stock  should  report  before  offering  their  stock,  and  that  they 
should  give  to  the  public  the  title  in  full,  the  location  of  the  property, 
etc.,  etc.  I  will  ask  the  Secretary  to  read  that  portion  of  the  report 
that  refers  to  what  is  required  of  those  companies  and  leave  out  the 
other  matter.  It  is  simply  a  tabulation  of  what  should  be  given  us. 

The  resolution  as  read  by  the  Secretary  appears  on  page  177  of 
this  report. 

MR.  DORSET:  Your  committee  recommends  the  adoption  of  this 
report,  and  I  move  its  adoption.  Seconded. 

PRESIDENT  BUCKLEY:  The  Committee  on  Resolutions  has  re- 
ported back  Resolution  No.  15  with  the  recommendation  that  it  pass. 
Mr.  Dorsey  has  moved  the  adoption  of  the  resolution,  which  has  been 
seconded.  Are  there  any  remarks? 

The  motion  was  put  and  carried  unanimously. 

MR.  DORSEY:  I  have  here  Resolution  No.  7,  introduced  by  Mr. 
Ross  of  Illinois,  which  was  referred  to  the  Committee  on  Resolutions. 
After  considering  the  matter  we  return  it  without  favorable  recommen- 
dation— we  recommend  that  it  do  not  pass.  I  will  ask  the  Secretary 
to  read  the  resolution. 

The  resolution  as  read  by  the  Secretary  appears  on  page  174  of 
this  report. 

MR.  DORSEY:  I  move  that  the  resolution  be  laid  upon  the 
table.  Seconded. 

PRESIDENT  BUCKLEY:  It  is  moved  and  seconded  that  Reso- 
lution No.  7,  introduced  by  Mr.  David  Ross  of  Illinois,  be  laid  upon  the 
table.  Are  you  ready  for  the  question? 

MR.  DAVID  EVANS:  Mr.  President:  I  understand  this  resolu- 
tion to  be  practically  along  the  line  of  a  recommendation  for  an  em- 
ployer's liability  act.  I  am  in  favor  of  such  a  law,  but  whether  or  not 
it  relates  specifically  to  mining  is  another  proposition.  I  think  it 
should  be  a  general  law  that  would  cover  that  entire  question.  Now, 
this  Congress  might  be  misunderstood,  if  it  turned  this  resolution 
down  without  explanation,  and  I  simply  rise  for  the  purpose  of  making 
that  remark,  and  if  it  is  the  intention  of  the  Congress  to  turn  down 
any  proposition  which  looks  toward  the  protection  of  employees  and 
gives  them  the  benefit  of  an  employer's  liability  act,  I  shall  vote  against 
it.  I  have  employed  a  great  many  men  in  my  time,  and  I  know  the 
hazards  of  mining,  and  I  believe  that  the  point  that  is  set  forth  in  that 
resolution  is  a  progressive  one,  one  that  should  ultimately  be  adopted 
by  the  people  of  this  country.  I  would  oppose  it  as  a  special  law  relat- 
ing to  mining,  but  as  a  general  law  I  would  favor  it.  (Applause.) 

MR.  DORSEY:  The  point  raised  by  Mr.  Evans  was  in  the  minds 
of  the  committee  when  action  was  taken  upon  it.  We  have  a  general 
liability  act  of  Congress  that  covers  mining  and  everything  else,  and  an 
employer's  liability  act,  and  we  couldn't  pass  a  resolution  like  this  for 
the  reason  that  it  was  not  broad  enough,  and  we  thought  the  general 
act  was  sufficient  that  we  already  have.  We  would  be  petitioning  Con- 
gress to  do  for  miners  what  they  have  already  done  for  everybody. 
Still,  if  it  is  the  concensus  of  opinion  of  this  Congress  that  we  should 
reconsider  this  matter,  I  will  be  glad  to  have  such  a  motion  made,  but 


134  OFFICIAL  PROCEEDINGS 

to  make  it  a  general  act.  But  even  then,  we  would  be  petitioning  Con- 
gress for  what  has  already  been  done  and  burdening  our  records  with 
that  matter.  That  is  the  point  that  was  made  by  the  opponents  of  the 
resolution  in  the  committee. 

MR.  J.  W.  MALCOLMSON,  of  Missouri:  Mr.  President  and  Gen- 
tlemen: President  Taft  has  told  us  that  about  conservation  and  a  great 
many  other  things,  'we  should  get  down  to  specific  detail  and  not  con- 
fine ourselves  as  we  have  been  doing  in  the  past  to  platitudes.  I  have 
been  connected  with  the  mining  industry  for  a  number  of  years,  and 
during  that  time  I  have  had  the  unfortunate  experience  of  having  a 
number  of  men  killed.  Now,  in  Missouri,  where  a  man  is  killed  in  a 
mine  the  first  thing  that  happens  is  that  several  lawyers  run  imme- 
diately to  see  that  man's  widow,  and  a  suit  is  brought  by  one  of  those 
lawyers.  The  mining  company  may  be  to  blame,  or  a  fellow  servant, 
or  the  man  may  be  to  blame  himself.  In  most  cases  the  death  is  a 
natural  result  of  the  operations  of  mining,  as  it  is  known  throughout 
the  world  as  a  dangerous  business.  What  happens  is  this:  A  suit  is 
brought  in  court,  and  the  courts,  I  think,  throughout  the  United  States 
are  choked  with  these  damage  suits.  The  woman  usually  has  to  pay 
at  least  one-half,  and  very  often  she  gets  nothing  at  all.  The  verdict 
given  is  $5,000.  Very  rarely  the  woman  gets  $2,500.  If  she  gets  $500 
she  is  often  very  lucky,  and  if  the  verdict  given  is  $5,000,  the  woman 
ought  to  get  $5,000.  Now,  that  is  the  finest  kind  of  conservation,  and 
the  woman  never  gets  it,  and  that,  I  think,  is  the  saddest  waste  in  the 
mining  business,  and  I  think  this  Congress  should  take  a  stand  in  this 
matter  and  should  use  its  influence  to  see  that  the  men  whose  lives  are 
lost  in  the  industry  should  have  the  amount  paid  to  those  dependent 
upon  them  conserved  and  not  wasted  in  useless  litigation.  When  you 
think  of  the  widow  of  the  miner — and  you  are  all  acquainted  with  cases 
of  that  kind,  where,  instead  of  getting  the  whole  of  the  amount  that  is 
due  to  her  she  only  gets  half,  or  one-third,  or  one-fifth,  or  nothing  at 
all — I  think  this  Congress  should  take  some  stand  on  that  point.  Of 
course,  the  whole  industry  of  the  country  is  interested  in  this  thing.  It 
is  just  as  important  a  thing  in  the  railroad  industry  as  it  is  in  the  min- 
ing industry,  but  it  is  only  by  the  help  of  all  of  us  that  the  advance  of 
civilization  can  be  carried  on,  and  this  affects  the  mining  industry  to 
such  an  extent  that  I  think  we  should  act  in  this  matter  to  help  the 
whole  thing  along.  (Applause.) 

MR.  DORSET:  Mr.  President,  I  ask  the  permission  of  the  Congress 
to  withdraw  this  resolution  now  and  refer  it  back  to  the  committee  and 
make  it  general  and  specific  in  its  terms,  and  will  ask  Mr.  Malcolmson, 
who  was  formerly  on  the  board  of  directors,  to  meet  with  the  commit- 
tee tomorrow  morning  at  nine  o'clock,  and  I  will  take  up  this  resolu- 
tion with  him. 

PRESIDENT  BUCKLEY:  If  there  is  no  objection  this  resolution 
will  be  re-referred  to  the  Committee  on  Resolutions.  The  chairman  of 
the  Resolutions  Committee  wishes  to  withdraw  his  motion  and  have  it 
re-referred.  The  resolution  has  been  so  re-referred  to  the  Committee 
on  Resolutions. 

MR.  FRANK  G.  TYRRELL,  of  California:  We  consent,  with  the 
distinct  understanding  that  it  comes  back  to  us. 

PRESIDENT  BUCKLEY:     It  will  come  back  to  you. 

MR.  DORSEY:  If  you  will  appear  before  the  committee  tomorrow 
morning  it  will  be  the  first  matter  I  will  call  up.  That  is  all  of  the 
resolutions  I  have  to  report  from  the  committee  at  the  present  time. 

GOVERNOR  GOSPER,  of  California:  Mr.  President,  it  was  under- 
stood this  morning  that  the  gentleman  from  Colorado  was  to*  finish 
or  should  have  the  privilege  of  closing  the  discussion  upon  this  ques- 
tion. 


AMERICAN  MINING  CONGRESS  135 

PRESIDENT  BUCKLEY:  Mr.  Potter  will  now  have  the  oppor- 
tunity to  finish  his  remarks. 

At  this  time  Mr.  Potter  concluded  his  remarks  which  are  found 
on  page  309. 

DR.  HOLMES:  Mr.  President,  I  would  like  to  have  the  gentleman 
state  his  authority  for  the  statement  that  the  government  expected  to 
exact  twenty  per  cent  on  the  value  of  the  produce.  In  the  case  of  the 
coal  lands,  which  I  happen  to  know  a  little  about,  the  government  is 
basing  its  valuation  on  about  an  average  of  a  cent  per  ton  for  the  coal 
in  the  ground.  That  is,  with  the  coal  in  the  western  states,  about  one- 
half  of  one  per  cent  on  the  value  of  the  coal,  which  sells  for  $2  or  $2.50 
per  ton  at  an  average  in  the  western  states.  Now,  the  difference  be- 
tween twenty  per  cent  and  one-half  of  one  per  cent  is  only  about  four 
thousand  per  cent.  (Applause.) 

MR.  POTTER:  I  will  say  that  my  authority  most  recently  is  the 
statement  published  in  the  Los  Angeles  Times  this  morning  as  having 
been  made  by  the  President  of  the  Forestry  Association.  (Laughter.) 

DR.  HOLMES:  Mr.  President,  I  do  not  rise  to  say  one  word  in 
favor  of  the  leasing  system,  but  simply  as  a  matter  of  personal  priv- 
ilege. A  statement  I  made  myself  was  the  fact  that  a  proposition  was 
submitted  of  charging  two  cents,  not  twenty  per  cent,  but  two  cents 
per  ton  royalty  on  the  coal  which  should  be  leased  from  the  govern- 
ment, as  compared  with  ten  cents  per  ton  on  coal  on  lands  leased  by 
certain  private  individuals  and  citizens  in  some  other  portions  of  this 
country. 

With  regard  to  the  Appalachian  Forest  Reserve,  I  happen  to  be  a 
sinner  in  that  direction,  as  one  of  the  original  promoters  of  that  move- 
ment for  the  establishment  of  the  National  Appalachian  Forest  Reserve. 
We  have  always  not  only  discredited  but  refused  to  take  any  part  in 
agitation  looking  to  the  purchase  of  those  forests  out  of  the  proceeds 
of  the  sale  of  timber  in  any  western  state.  (Applause.) 

MR.  PARKER:  In  some  regions  of  the  United  States  they  are 
charging  as  high  as  seventy-five  cents  per  ton  royalty  on  coal  on  pri- 
vate lands. 

PRESIDENT  BUCKLEY:  The  discussion  of  these  resolutions  was 
closed  before  Mr.  Potter  took  the  floor.  The  resolutions  were  adopted 
and  Mr.  Potter  was  granted  the  floor  simply  as  a  courtesy.  We  will 
now  listen  to  some  resolutions  which  the  Secretary  has  to  read. 

SECRETARY  NORMAN:  I  have  here  Resolution  No.  35,  intro- 
duced by  Mr.  Utter  of  New  Mexico,  which  I  will  read: 

Resolution  No.  35. 

(By  George  H.  Utter,  of  New  Mexico.) 

Resolved,  That  as  the  present  low  ebb  of  the  mining  industry  is 
largely  due  to  decreased  prospecting  as  a  result  of  the  harassing  restric- 
tion imposed  upon  prospectors  in  the  Forest  Reserve  and  recognizing 
the  imperative  necessity  of  restoring  the  protection  against  forest  fires 
afforded  by  the  presence  of  prospectors  on  the  forest  lands,  we  earnestly 
recommend  legislation  by  Congress  restoring  to  the  prospector  on  For- 
est Reserves  the  privileges  enjoyed  on  other  parts  of  the  public  domain. 

PRESIDENT  BUCKLEY:  We  have  before  us  the  report  of  the 
Credentials  Committee,  which  will  be  read  by  the  Secretary. 

SECRETARY  NORMAN:    The  report  is  as  follows: 


136  OFFICIAL  PROCEEDINGS 

REPORT  OF  CREDENTIALS  COMMITTEE. 

To  The  American  Mining  Congress,  Thirteenth  Annual  Session, 
Los  Angeles,  Cal.,  September  26  to  October  1,  1910: 
We,  your  committee  on  Credentials,  beg  to  report  that  we  find  the 
following  entitled  to  participate  in  the  Thirteenth  Annual  Session  of 
the  American  Mining  Congress,  held  in  Los  Angeles,  Calif.,  September 
26  to  October  1,  1910,  including  all  members  of  the  American  Mining 
Congress,  members  of  the  Mining  &  Metallurgical  Society  of  America, 
and  delegates  appointed  by  the  president,  governors  of  states,  commer- 
cial and  scientific  organizations  and  other  organizations  enumerated 
in  the  by-laws  of  the  American  Mining  Congress,  to  whom  appointive 
powers  have  been  granted. 

Respectfully  submitted, 

JAS.  W.  MALCOLMSON,  Chairman, 
C.  B.  McCOLLUM,* 
H.  C.  FREEMAN, 

Credentials  Committee. 
Los  Angeles,  Sept.  29,  1910. 

SECRETARY  NORMAN:  Then  follows  a  list  of  some  fifteen  hun- 
dred or  two  thousand  names,  the  reading  of  which  may  not  be  necessary 
at  this  time. 

PRESIDENT  BUCKLEY:  Unless  there  is  some  special  reason, 
why  it  should  not  be  done  we  will  dispense  with  the  reading  of  the 
names  of  the  delegates  mentioned  in  this  report.  All  those  in  favor  of 
the  adoption  of  this  report  will  so  signify  by  saying  aye. 

The  report  was  adopted  unanimously. 

PRESIDENT  BUCKLEY:  We  have  this  afternoon  reports  of  three 
standing  committees.  These  are  important  reports  and  should  be 
handled  this  afternoon  if  possible.  I  will  now  call  for  the  report  of  the 
Committee  on  the  Standardization  of  Electrical  Equipments  in  Coal 
Mines. 

This  report  was,  read  by  Hon.  Frank  G.  Tyrrell,  of  California,  and 
is  as  follows: 

REPORT  OF  COMMITTEE  ON  STANDARDIZATION  OF  ELECTRICAL 
EQUIPMENT  IN  COAL  MINES. 

Proposed  Code  of  Rules  for  the  Installation  and  Use  of  Electricity  in 

Coal  Mines. 

These  rules  are  intended  to  apply  to  electrical  installation  in  coal 
mines  of  the  various  states  and  territories,  and  include  special  rules 
and  provisions  governing  electrical  practices  in  gaseous  mines. 

Definitions. 
POTENTIAL: 

The  terms  "Potential"  and  "Voltage"  are  synonymous  and  mean 
electrical  pressure. 

DIFFERENCE  OF  POTENTIAL: 

The  expression  "Difference  of  Potential"  means  the  difference  of 
electrical  pressure  existing  between  any  two  points  of  an  electrical 
system  or  between  any  point  of  such  a  system  and  the  earth  as  deter- 
mined by  a  volt  meter. 


AMERICAN  MINING  CONGRESS  137 

POTENTIAL  OF  A  CIRCUIT: 

The  potential  or  voltage  of  a  circuit,  machine  or  any  piece  of 
electrical  apparatus  is  the  potential  normally  existing  between  the  con- 
ductors of  such  circuit  or  the  terminals-  of  such  machine  or  apparatus. 

(a)  Where  the  conditions  of  the  supply  of  electricity  are  such 
that  the  difference  in  potential  between  any  two  points  of  the  circuit 
cannot  exceed   300  volts,  the  supply  shall  be  deemed  a  low  voltage 
supply. 

(b)  Where  the  conditions  of  the  supply  of  electricity  are  such 
that  the  difference  of  potential  between  any  two  points  in  the  circuit 
may  at  any  time  exceed  300  volts  but  cannot  exceed  650  volts,  the  sup- 
ply shall  be  deemed  a  medium  voltage  supply. 

(c)  Where  the  conditions  of  the  supply  of  electricity  are  such 
that  the  difference  of  potential  between  any  two  points  in  the  circuit 
may  at  any  time  exceed  650  volts,  the  supply  shall  be  deemed  a  high 
voltage  supply. 

GASEOUS  MINE: 

A  gaseous  mine  or  portion  of  a  mine  is  one  wherein  methane  gas, 
to  the  amount  of  2  per  cent,  can  be  detected  within  one  hour  after  the 
ventilating  current  is  stopped. 

GROUNDING: 

Grounding  any  part  of  an  electrical  system  shall  consist  in  so  con- 
necting such  part  to  the  earth  that  there  shall  be  no  difference  of 
potential  between  them. 

EXPLOSION  OR  FLAME  PROOF: 

Explosion  or  flame  proof  casings  or  enclosures  are  those  which, 
when  completely  filled  with  any  mixture  of  methane  and  air  and  the 
same  exploded,  are  capable  of  either  entirely  confining  the  products 
of  such  explosion  within  the  casing  or  of  so  discharging  them  from 
the  casing  that  they  cannot  ignite  a  mixture  of  methane  and  air,  com- 
bined in  proportions  most  sensitive  to  ignition  and  entirely  surrounding 
the  points  of  discharge,  and  in  most  intimate  proximity  therewith. 

UNDERGROUND   STATION: 

An  underground  station  is  herein  considered  as  any  place  where 
electrical  machinery  is  permanently  installed. 

SECTION  1. 

General. 

CAPACITY,  INSTALLATION,  ETC.: 

(1)  All  electrical  apparatus  and  conductors  shall  be  sufficient  in 
size  and  power  for  the  work  they  may  be  called  upon  to  do,  and  as  here- 
inafter prescribed,  efficiently  covered  or  safeguarded,  and  so  installed, 
worked  and  maintained  as  to  reduce  danger  from  accidental  shock  or 
fire  to  the  minimum,  and  shall  be  of  such  construction,  and  so  worked, 
that  the  rise  in  temperature  caused  by  ordinary  working  will  not  injure 
the  insulating  materials. 

(2)  For  work  underground,   when   supplied  with   current  at  a 
voltage  higher  than  medium  voltage,  no  transformer  shall  have  a  nor- 
mal capacity  of  less  than  5  K.  W.,  nor  shall  a  motor  have  a  normal  ca- 
pacity of  less  than  1.5  brake  H,  P. 


138  OFFICIAL  PROCEEDINGS 

GROUNDING: 

(3)  All  metallic  coverings,  armoring  of  cables,  other  than  trailing 
cables,  and  where  installed  underground,  the  frames  and  bed   plates 
of  generators,  transformers,  and  motors  other  than  low  voltage  portable 
motors  shall  be  efficiently  grounded,  as  shall  also  the  neutral  wire  of 
three-wire  continuous  current  systems. 

VOLTAGE   RESTRICTIONS: 

(4)  Motors  of  coal  cutting  and  other  portable  machines,  and  of 
electric  locomotives,  shall  not  be  used  at  a  voltage  higher  than  medium 
voltage. 

(5)  No  higher  voltage 'than  medium  voltage  shall  be  used  under- 
ground, except  for  transmission  or  for  application  to  transformers  or 
other  apparatus  in  which  the  whole  of  the  high  voltage  circuit  is  sta- 
tionary. 

(6)  In  gaseous  mines,  high  voltage  transmission  cables  shall  be 
installed  in  the  intake  airways  only,  and  high  voltage  motors  and  trans- 
formers shall  be  installed  only  in  suitable  chambers  ventilated  by  the 
intake  air  which  has  not  passed  through,  or  by,  a  gaseous  district. 

(7)  All  high  voltage  machines,  apparatus,  and  lines  shall  be  so 
marked  as  to  clearly  indicate  that  they  are  dangerous  by  the  use  of  the 
word  "Danger"  placed  at  frequent  intervals. 

GROUND  DETECTORS: 

(8)  All  underground  systems  of  distribution  that  are  completely 
insulated  from  earth  shall  be  equipped  with  properly  installed  ground 
detectors  of  suitable  design. 

The  condition  of  such  systems  as  indicated  by  the  ground  detector 
shall  be  noted  each  day  by  the  person  in  charge  of  the  underground 
wiring  or  by  another  competent  person,  who  shall  immediately  report 
to  him  the  occurrence  of  a  ground. 

SWITCHBOARDS: 

(9)  Main  and  distribution  switch  and  fuse  boards  shall  be  made 
of  incombustible  insulating  material,  such  as  marble  or  slate  free  from 
metallic  veins,  and  be  fixed  in  as  dry  a  situation  as  practicable. 

PRECAUTION  AGAINST  SHOCK: 

(10)  Gloves  or  mats  of  rubber  or  other  suitable  insulating  ma- 
terial shall  be  provided  and  used  when  repairs  are  made  to  the  live 
parts  of  any  electrical  apparatus,  or  when  the  live  parts  of  electrical 
apparatus  have  to  be  handled  for  the  purpose  of  adjustment. 

ELECTRICIAN: 

(11)  At  every  mine  where  electricity  is  used  below  ground  for 
power,  there  shall  be  employed  a  competent  mine  electrician  who  shall 
have  full  charge  of  the  electrical  apparatus  in  the  mine,  but  shall  be 
subject  to  the  authority  of  the  mine  foreman  or  superintendent. 

(12)  Any  person  who  shall  wilfully  damage,  or,  without  author- 
ity, alter  or  make  connections  to  any  part  of  a  mine  electrical  system 
shall  be  guilty  of  a  misdemeanor. 

RESTORATION  FROM  SHOCK: 

(13)  Instructions  shall  be  posted  in  every  generating,  transform- 
Ing,  and  motor  room,  and  at  entrance  to  the  mine,  containing  directions 


AMERICAN  MINING  CONGRESS  139 

as  to  the  restoration  of  persons  suffering  from  electrical  shock,  and  all 
employees  working  in  connection  with  electrical  apparatus  shall  be 
familiar  with,  and  know  how  to  carry  out,  these  instructions. 

PLAN  OP  ELECTRICAL  SYSTEM: 

(14)  A  plan  shall  be  kept  at  the  mine,  showing  the  location  of 
all  stationary  electrical  apparatus  in  connection  with   the  mine   elec- 
trical system,  including  permanent  cables,  conductors,  lights,  switches, 
and  trolley  lines.    The  plan  shall  be  of  sufficient  size  to  show  clearly 
the  position  of  such  apparatus,  and  the  scale  shall  not  be  less  than  200 
feet  per  inch.     There  shall  be  stated  on  the  plan  the  capacity  in  horse 
power  of  each  motor,  and  in  kilowatts  of  each  generator  or  transformer, 
and  the  nature  of  its  duty.     Such  plans  shall  be  corrected  as  often  as 
may  be  necessary  to  keep  them  up  to  date  at  intervals  not  exceeding  six 
months. 

REPORT  OP  DEFECTIVE  EQUIPMENT: 

(15)  In  the  event  of  a  breakdown,  or  of  damage  or  injury  to  any 
portion  of  the  electrical  equipment  in  a  mine,  or  of  overheating  or  of 
the  appearance  of  sparks  or  arcs  outside  of  enclosing  casings,  or  in  the 
event  of  any  portion   of  the  equipment,   not  a  part  of  the   electrical 
circuit,  becoming  alive,  every  such  occurence  shall  be  promptly  reported 
to  the  person  in  charge  of  electrical  equipment. 

SECTION  H. 

Underground  Stations  and  Transformer  Rooms. 

SWITCHBOARDS: 

(16)  All  switches,  circuit  breakers,  rheostats,  fuses,  and  instru- 
ments used  in  connection  with  underground  motor-generators,  rotary 
converters,  high   voltage   motors,  transformers,  and  low  and  medium 
voltage  motors  of  more  than  50  H.  P.  capacity  shall  be  installed  upon 
a  suitable  switchboard.     Similar  equipment  for  low  and,  medium  voltage 
motors  of  50  H.  P.  and  less,  may  be  separately  installed,  if  mounted 
upon  insulating  bases  of  slate  or  equivalent  insulating  material. 

(17)  In  underground  stations,  where  switchboards  are  installed, 
there  shall  be  a  passageway  in  front  of  the  switchboard  not  less  than 
3  feet  in  width,  and  if  there  are  any  high  voltage  connections  at  the 
back  of  the  switchboard,  any  passageway  behind  the  switchboard  shall 
not  be  less  than  3  feet  clear. 

(18)  The  space  at  the  back  of  the  switchboards  shall  be  properly 
floored,   accessible  from   each   end,   and,   in   the   case   of  high   voltage 
switchboards,  shall  be  kept  locked  up,  but  the  lock  shall  allow  of  the 
door  being  opened  from  the  inside,  without  the  use  of  a  key.     The 
floor  at  the  back  of  high  voltage  boards  shall  be  incombustible. 

(19)  Where  the  supply  is  at  a  voltage  exceeding  the  limits  of 
medium  voltage,  there  shall  be  no  live  metal  work  on  the  front  of  the 
main  switchboard  within  7  feet  of  the  floor  or  platform,  and  the  space 
provided  under  Rule  No.  17  of  this  section  shall  not  be  less  than  4  feet 
in  the  clear.      Insulating  floors  or  mats  shall  be  provided  for  medium 
voltage  boards,  where  live  metal  work  is  on  the  front. 

PROTECTION  OF  CIRCUITS  LEADING  UNDERGROUND: 

(20)  In  every  completely  insulated  feeder  circuit  in  excess  of  25 
K.  W.  capacity,  leading  underground  and  operating  at  a  potential  not 
exceeding  the  limits  of  medium  voltage,  there  shall  be  provided  above 
ground  a  switch  on  each  pole,  and  an  automatic  overload  circuit  breaker 
on  at  least  one  pole  in  the  case  of  direct  current  circuits,  and  on  at 
least  two  poles  of  polyphase  alternating  current  circuits.     In  case  of 


140  .      OFFICIAL  PROCEEDINGS 

ground  return  direct  current  circuits,  a  switch  and  circuit  breaker  shall 
be  installed  in  the  underground  side  of  the  circuit,  but  may  be  omitted 
from  the  return  side.  Fuses  may  be  substituted  for  circuit  breakers  in 
circuits  transmitting  25  K.  W.,  or  less.  Each  circuit  leading  under 
ground  shall  be  provided  with  a  suitable  ammeter. 

(21)  Every  alternating  current  feeder  circuit  leading  underground 
and  operating  at  a  potential  exceeding  the  limits  of  medium  voltage 
shall  be  provided  above  ground  with  an  oil  break  switch  on  each  pole, 
such  switch   or  switches  to  be  equipped  with  an  automatic  overload 
trip.    Each  such  circuit  shall  also  be  provided  with  a  suitable  ammeter. 

TRANSFORMER  ROOMS: 

(22)  Transformer  rooms  shall  be  of  fire-proof  construction. 

(23)  Where  the  potential  of  circuits  entering  or  leaving  a  trans- 
former exceeds  the  limits  of  medium  voltage,  they  shall  be  protected 
by  an  oil  break  switch  on  each  pole,  each  such  switch  or  switches  to  be 
equipped  with  an  automatic  overload  trip. 

(24)  Where  the  potential  of  circuits  entering  or  leaving  a  trans- 
former does  not  exceed  the  limits  of  medium  voltage,  they  shall  be 
protected  by  a  switch  and  an  automatic  circuit-breaker  on  each  pole, 
except  that  fuses  may  be  substituted  for  the  circuit-breakers  in  the  case 
of  lighting  circuits  and  in  the  case  of  power  circuits,  transmitting  25 
K.  W.  or  less. 

(25)     All  transformers  shall  be  provided  with  suitable  ammeters 
in  either  the  primary  or  secondary  circuits. 

PROTECTION  OF  MACHINE  TERMINALS: 

(26)  All  terminals  on  machines  over  medium  voltage  under  ground 
shall  be  protected  with  insulating  covers  or  with  metal  covers  connected 
to  earth. 

UNAUTHORIZED  PERSONS: 

(27)  No  person  other  than  an  authorized  person  shall  enter  a 
station  or  transformer  room,  or  interfere  with  the  working  of  any  ap- 
paratus connected  therewith. 

FIRE  BUCKETS: 

(28)  Fire  buckets,  filled  with  clean,  dry  sand,  shall  be  kept  in 
electrical  stations  and  transformer  rooms,  ready  for  immediate  use  in 
extinguishing  fires. 

SECTION  IH. 

Transmission  Circuits  and  Conductors. 

MEDIUM    VOLTAGE,    POWER    AND   LIGHT    CIRCUITS: 

(29)  All  high  pressure  wires  used  inside  of  the  mines  shall  be  in 
the  form  of  insulated  lead-covered  or  armored  conductors,  subject  to 
insulation  tests  and  with  carrying  capacity  according  to  the  rules  of 
the  National  Board  of  Fire  Underwriters. 

Medium  or  low  pressure  conductors  may  be  bare,  except,  in  gaseous 
parts  of  mines,  no  bare  conductors  shall  be  used  in  rooms  or  in  room 
entries,  or  beyond  the  last  cut-through  in  other  intake  entries. 

(30)  All   underground   cables   and   wires,   unless   provided   with 
grounded  metallic  covering,  shall  be  supported  by  means  of  efficient 
insulators.     The  conductor  connecting  lamp  to  the  power  supply  shall 
in  all  cases  be  insulated. 

MAIN  CIRCUITS: 

(31)  Every  main  circuit  coming  from  generating  or  transformer 
stations  shall  there  be  provided  with  switches,  fuses  and  circuit-breakers 


AMERICAN  MINING  CONGRESS  141 

as  described  in  Section  II,  Rules  20  and  21,  and  Rules  23  to  25,  in- 
clusive. 

(32)  If  the  transmission  lines,  of  low  or  medium  voltage,  from 
the  generating  station,  are  overhead,  there  shall  be  lightning  arresters 
installed   in   connection   therewith   at   the   generating   station.      If   the 
distance  from  the  generating  station  to  the  point  where  the  lines  enter 
the  mine  is  more  than  500  feet,  an  additional  arrester  shall  be  installed 
at  this  point,  and  in  no  case  shall  the  arresters  be  more  than   1,000 
feet  apart. 

(33)  In  any  gaseous  mine,  or  gaseous  parts  of  a  mine,  the  elec- 
trical supply  shall  be  brought  underground  only  through  such  portions 
of  the  mine  as  are  ventilated  by  intake  air. 

BRANCH  CIRCUITS: 

(34)  Every  branch  circuit  shall  be  provided  at  the  point  where  it 
leaves  the  main  circuit  with  a  switch,  of  not  less  than  100  ampere  ca- 
pacity, on  each  pole. 

SIZE  OF  CONDUCTORS: 

(35)  The  size  of  all  conductors  shall  be  determined  with  regard 
to  the  maximum  amount  of  current  which  they  are  to  carry,  by  reference 
to   the   table   provided   by   the   National   Board   of   Fire   Underwriters, 
which  shows  maximum  current  carrying  capacities  of  copper  conductors. 

GROUNDED    CIRCUITS: 

(36)  One  side  of  grounded  circuits  shall  be  very  efficiently  in- 
sulated from  earth. 

OVERHEAD  CIRCUITS  ABOVE  GROUND: 

(37)  Overhead  bare  wires  above  ground  shall  be  supported  upon 
insulators  which  shall  be  adequate  in  quality,  size,  and  design  for  the 
voltage  transmitted. 

UNDERGROUND  TROLLEY: 

(38)  In  the   underground  roads,   the  trolley  wires  shall  be  in- 
stalled as  far  to  one  side  of  the  passageway  as  is  practicable,  and  se- 
curely supported  upon  hangers  efficiently  insulated  and  placed  at  such 
intervals  that  the  sag  between  points  of  support  shall  not  exceed   3 
inches. 

(39)  All  other  wires,  except  telephone,   shot  firing  and  signal 
wires  shall  be  on  the  same  side  of  the  road  as  the  trolley  wire. 

(40)  At  all  landings,  partings  and  similar  places,  where  men  are 
required  to  regularly  work,  or  pass  under  trolley  or  other  bare  power 
wires,  which  are  placed  less  than  6  1-2  feet  above  top  of  rail,  a  suitable 
protection  shall  be  provided.    This  protection  may  consist  of  channeling 
the  roof,  placing  boards  along  the  wire,  which  shall  extend  three  inches 
below  it,  or  the  use  of  other  approved  devices  that  afford  protection. 
All  such  places  shall  be  well  lighted  with  electric  lamps. 

(41)  All  branch  trolley  lines  shall  be  fitted  with  an  automatic 
trolley  switch,  or  section  insulator  and  line  switch,  or  some  other  device, 
that  will  allow  the  current  to  be  shut  off  from  such  branch  headings. 
Lights  shall  be  placed  along  the  branch  headings  to  indicate  when  the 
power  is  on. 

(42)  It  is  recommended  that  where  air  or  water  pipes  parallel 
the  grounded  return  of  power  circuits,  the  return  be  securely  bonded 
to  such  pipes,  at  frequent  intervals,  to  eliminate  the  possibility  of  a 
difference  of  potential  between  rails  and  pipes  and  to  prevent  electro- 
lysis of  the  pipes.     The  rail  return  shall  be  of  sufficient  capacity  for 
the  current  used,  independent  of  the  capacity  of  the  pipes.     On  main 


142  OFFICIAL  PROCEEDINGS 

haulage  roads,  both  rails  shall  be  bonded,  and  cross  bonds  shall  be 
placed  at  points  not  to  exceed  200  feet  apart. 

LIGHTING   CIRCUITS: 

(43)  Where  wires  for  electric  incandescent  lamps  are  connected 
to  the  trolley  circuit,  the  lug  of  the  trolley  hanger,  to  which  connection 
is  made,  shall  be  drilled  to  receive  the  lighting  wire,  and  provided  with 
a  set  screw  for  securing  same  in  place.     Lighting  wires  shall  not  be 
wrapped  cr  tied  about  the  seams  or  studs  of  trolley  hangers.  The  ground 
connection  for  lighting  wires  taken  off  the  trolley  circuit  must  be  made 
to  the  track  circuit. 

(44)  Wires  for  all  lighting  circuits  shall  be  covered  with  an  in- 
sulation adequate  for  the  voltage  of  the  circuit,  and  strung  on  porcelain 
or  glass  insulators,  unless  they  are  encased  in  pipes  or  other  metallic 
covering.     If  separate  uncased  wires  are  used,  they  shall  be  kept  at 
least   three   inches   apart,   except   where   they   enter   the   fittings.      If 
metallic  casings  are  used,  they  shall  be  grounded  efficiently. 

JOINTS  IN  CONDUCTORS: 

(45)  All  joints  in   conductors  shall   be   mechanically   and   elec- 
trically efficient,  and,  wherever  it  is  possible  to  do  so,  they  shall  be 
soldered.    Wherever  the  conductors  cannot  be  soldered  together,  suit- 
able screw  clamps  or  connectors  shall  be  used.     All  joints  in  insulated 
wire  shall,  after  the  joint  is  complete,  be  reinsulated  to  at  least  the  same 
extent  as  the  remainder  of  the  wire. 

INSULATION  AND  COVERING: 

(46)  All  high  voltage  conductors  inside  of  the  mines  shall  be  in 
the  form  of  insulated  lead-covered  or  armored  cables,  subject  to  ap- 
proved insulation  tests,  and  having  carrying  capacities  in  accordance 
with  paragraph  No.  35,  Section  III. 

(47)  Where  lead  covered  or  armored  cable  is  used,  the  lead  or 
armor  shall  be  electrically  continuous  throughout,  and  shall  be  effi- 
ciently grounded. 

CABLES  ENTERING  FITTINGS: 

(48)  The  exposed  ends  of  cables  where  they  enter  fittings  of  any 
description,  shall  be  so  protected  and  finished  off  that  moisture  cannot 
enter  the  cable,  or  the  insulating  material,  if  of  an  oily  or  viscous  na- 
ture, leak  out. 

(49)  Where    unarmored    cables    or    wires    pass    through    metal 
frames,  or  Into  boxes  or  motor  casings,  the  holes  shall  be  substantially 
bushed  with  insulating  bushings,  and,  where  necessary,  with  gas  tight 
bushings  which  cannot  readily  become  displaced. 

JOINTS  IN  CABLES: 

(50)  Where  cables  other  than  signal  cables  are  joined,  suitable 
junction  boxes  shall  be  used,  or  the  joints  shall  be  soldered,  and  the 
insulation,  armoring  or  lead  covering  replaced  in  at  least  as  good  con- 
dition as  it  was  originally. 

POWER  WIRES  AND  CABLES  IN  SHAFTS: 

(51)  All  power  wires  and  cables  in  hoisting  shafts  or  manway 
compartments  shall  be  highly  insulated  and  substantially  fixed  in  posi- 
tion. 

Shaft  cables  whose  conductors  or  covering  are  not  capable  of  sus- 
taining their  own  weight  shall  be  supported,  at  intervals  not  to  exceed 


AMERICAN  MINING  CONGRESS  143 

25  feet,  by  suitable  grips,  which  cannot  cause  abrasion  of  the  covering 
or  insulation,  but  shall  so  support  the  cable  that  no  grip  shall  carry 
more  than  the  weight  of  the  cable  between  any  two  successive  grips. 
Where  the  cables  are  not  completely  boxed  in  and  protected  from  fall- 
ing material,  space  shall  be  left  between  them  and  the  side  of  the  shaft, 
that  they  may  yield,  and  so  lessen  a  blow  by  fallen  material. 

CABLES   IN   HAULAGE   ROADS: 

(52)  Where  the  cables  or  feed  wires  in  main  haulage  roads  can- 
not be  kept  at  least  12  inches  from  any  part  of  the  mine  car  or  loco- 
motive, they  shall  be  specially  protected  by  proper  guards. 

(53)  Cables  and  wires,  unless  provided  with  metallic  coverings, 
shall  not  be  fixed  to  walls  or  timbers  by  means  of  uninsulated  fasten- 

ings. •  ..  jJifijIBI 

PROTECTION  DURING  BLASTING,  ETC.: 

(54)  When  main  or  other  roads  are  being  replaced,  or  blasting 
is  being  carried  on,  suitable  temporary  protection  from  damage  shall 
be  given  the  cables. 

TRAILING  CABLES: 

(55)  Trailing  cables  for  portable  machines  shall  be  specially  flex- 
ible, heavily  insulated,  and  protected  with  extra  stout  braiding,  hose 
pipes,  or  other  equally  effective  covering. 

(56)  Each  trailing  cable  in  use  shall  be  daily  examined  by  the 
machine  operator  for  abrasions  and  other  defects;    and  he  shall  also 
be  required  to  carefully  observe  the  trailing  cable  while  in   use,  and 
shall  at  once  report  any  defect  to  the  person  in  charge  of  electrical 
equipment.  !  *  !T^IH1 

(57)  In  the  event  of  the  trailing  cable  in  service  breaking  down, 
or  becoming  damaged  in  any  way,  or  of  its  inflicting  a  shock  upon  any 
person,  it  shall  be  at  once  put  out  of  service,  and  another  cable  shall  be 
substituted  therefor.     The  faulty  cable  shall  not  again  be  used  until  it 
has  been  repaired  and  tested  by  a  properly  authorized  person. 

(58)  The  trailing  cable  shall  be  divided  at  the  motor,  but  only 
for  such  length  as  is  necessary  for  making  connection  to  the  motor, 
and  the  cable,  with  its  outer  covering  complete,  shall  be  securely  clamped 
to  the  motor  frame  in  such  a  manner  as  to  protect  the  cable  from  injury, 
and  to  prevent  any  mechanical  strain  being  borne  by  the  single  ends 
that  make  electrical  connection  to  the  motor. 

(59)  In  gaseous  parts  of  mines,  a  fixed  terminal  box  shall  be 
provided  at  the  points  where  trailing  cables  are  attached  to  the  power 
supply.     This  terminal  box  shall  be  flame-proof,  and  shall  contain  a 
switch  and  fuse  on  each  pole  of  the  circuit.     The  switch  shall  be  so  ar- 
ranged that  it  can  only  be  operated  from  without  the  box,  when  the 
latter  is  completely  closed,  and  the  switch  shall  also  be  so  constructed 
that  the  trailing  cables  cannot  be  attached  or  removed  when  the  switch 
is  closed.  '      :        • 


SECTION  IV. 

Switches,  Fuses  and  Circuit-Breakers. 

OPERATION  AND  CAPACITY: 

(60)  Fuses  and  automatic  circuit-breakers  shall  be  so  constructed 
as  effectually  to  interrupt  the  current  on  short  circuit,  or  when  the  cur- 
rent through  them  exceeds  a  predetermined  value.  Open  type  fuses 
shall  be  provided  with  terminals. 

Circuit  breakers  shall  be  adjustable  to  trip  at  from  50  per  cent 
to  150  per  cent  of  their  normal  rated  capacity,  and  provided  with  an  in- 
dicator which  shall  show  at  what  current  the  circuit  breaker  is  set  to 
trip. 


144  OFFICIAL  PROCEEDINGS 

(61)  Fuses  shall  be  stamped  or  marked,  or  shall  have  a  label  at- 
tached, indicating  the  maximum  current  which  they  are  intended  to 
carry.     Fuses  shall  only  be  adjusted  or  replaced  by  a  competent  person 
authorized  by  the  mine  foreman. 

FEEDER  CIRCUIT-BREAKERS: 

(62)  Circuit-breakers  used  to   protect  feeder  circuits  shall  not 
be  set  to  trip  when  the  current  exceeds  by  more  than  50  per  cent  the 
current  carrying  capacity  of  the  feeder.     In  case  the  feeder  is  subjected 
to  over-loads  sufficient  to  trip  the  circuit-breaker,  but  of  short  dura- 
tion, the  circuit-breaker  may  be  equipped  with  a  device  which  will  pre- 
vent its  acting,  unless  the  overload  persists  for  a  longer  period  than  10 
seconds. 

FEEDER    FUSES: 

(63)  Fuses  used  to  protect  feeders  shall  have  a  greater  current 
rating  than  the  feeder. 

BASES: 

(64)  All  switches,  circuit-breakers  and  fuses  shall  have  incom- 
bustible bases. 

SWITCHES: 

(65)  All  points  at  which  a  circuit,  other  than  a  signal  circuit,  has 
to  be  made  or  broken  shall  be  provided  with  proper  switches.    The  use 
of  hooks  or  other  make  shifts  is  prohibited,  except  that  connection  for 
gathering  locomotives,   or  locomotives   and   machines  used   in   driving 
headings,   may  be   made  to   the   trolley  by  means   of  suitable  hooks; 
switches  shall  be  so  installed  that  they  cannot  be  closed  by  gravity. 
In   any   gaseous  parts   of  a   mine,   switches,   circuit-breakers   or   fuses 
shall  not  be  of  the  open  type,  but  must  be  inclosed  in  explosion-proof 
casings  or  break  under  oil. 

SECTION  V. 

Motors. 
STATIONARY  MOTORS: 

(66)  Every   stationary   motor   underground,    together   with    the 
starting  resistance,  shall  be  protected  by  a  fuse  on  each  pole  or  circuit- 
breaking  device  on  at  least  one  pole  for  direct  current,  and  two  poles 
for  alternating  current  motors,  and  by  switches  arranged  to  entirely  cut 
off  the  power  from  the  motor.     The  above  devices  shall  be  installed  in 
a  convenient  position  near  the  motor,  and  every  stationary  underground 
motor  of  100  brake  H.  P.  or  over  shall  be  provided  with  a  suitable 
meter  to  indicate  the  load  on  the  machine. 

MOTORS  IN  GASEOUS  MINES: 

(67)  In  any  gaseous  part  of  a  mine,  all  motors,  unless  placed  in 
such  rooms  as  are  separately  ventilated  with  intake  air,  shall  have  all 
their  current  carrying  parts,  also  their  starters,  terminals  and  connec- 
tions completely  enclosed  in  explosion-proof  enclosures  made  of  non- 
inflammable  material.    These  enclosures  shall  not  be  opened  except  by 
an  authorized  person,  and  then  only  when  the  power  is  switche'd  off. 
The  power  shall  not  be  switched  on  while  the  enclosures  are  open. 

UNDERGROUND  STATIONARY  MOTORS  IN  NON-GASEOUS  MINES: 

(68)  Motors  used  for  operating  fans  in  non-gaseous  mines,  where 
^ey  are  so  situated  that  they  are  not  under  constant  supervision  of  a 

.ompetent  man,   shall   be  totally  enclosed    (not  necessarily  explosion- 
proof),   unless   placed   in   a   chamber   or   passageway   completely   lined 


AMERICAN  MINING  CONGRESS  145 

with  incombustible  material,  and  the  chamber  or  passageway  itself  free 
from  combustible  material. 

DETECTION  OF  GAS: 

(69)  In  working  places  where  gas  is  likely  to  be  encountered 
a  safety  lamp  or  other  suitable  apparatus  for  the  detection  of  firedamp 
shall  be  provided  for  use  with  each  machine  when  working,  and  should 
any  indication   of  firedamp  appear  on  the  flame  of  the  safety  lamp 
or  other  apparatus  used  for  the  detection  of  firedamp,  the  person  in 
charge  shall  immediately  stop  the  machine,  cut  off  the  current  at  the 
nearest  switch,  and  report  the  matter  to  the  mine  foreman. 

ENCLOSED  MOTORS: 

(70)  All  enclosed  motors  used  underground  shall  be  opened  and 
inspected  by  the  person  in  charge  of  electrical  equipment,  or  his  as- 
sistant,  at   least   once   a   week,   and,   where   necessary,   shall   then    be 
cleaned  and  repaired.     Enclosed  switches  shall  be  opened  and  inspected 
at  least  once  a  month. 

COAL  CUTTING  MACHINES: 

(71)  No  man  shall  be  placed  in  charge  of  a  coal  cutting  machine 
in  any  gaseous  part  of  a  mine,  who  is  not  a  competent  person,  capable 
of  determining  the  safety  of  the  roof  and  sides  of  the  working  place, 
and  detecting  the  presence  of  explosive  gas. 

(72)  In  any  gaseous  part  of  a  mine,  a  coal  cutting  machine  shall 
not  be  brought  within  the  last  break-through   next  the  working  face 
until  the  machine  men  shall  have  made  an  inspection  for  gas  in  the  place 
where  the  machine  is  to  work,  unless  such  examination  is  then  made  by 
some  other  competent  person,  authorized  or  appointed  for  that  purpose 
by  the  mine  foreman.     If  any  explosive  gas  is  found  in  the  place,  the 
machine  shall  not  be  taken  in. 

(73)  No  coal  cutting  machine  shall  be  continued  in  operation  in 
a  gaseous  part  of  a  mine  for  a  longer  period  than  half  an  hour  without 
an  examination  as  above  described  being  made  for  gas,  and  if  gas  is 
found,  the  current  shall  at  once  be  switched  off  the  machine,  and  the 
trailing  cable  shall  forthwith  be  disconnected  from  the  power  supply. 

(74)  The  person  finding  gas  shall  at  once  report  the  fact  to  the 
fire  boss  or  mine  foreman,  and  the  machine  shall  not  again  be  started 
in  such  place  until  the  fire  boss,  or  a  person  duly  authorized  by  the 
mine  foreman,  has  examined  it  and  pronounced  it  safe. 

(75)  The  person  in  charge  of  a  coal  cutter  or  drilling  machine 
shall  not  leave  the  machine  while  it  is  working,  and  shall,  before  leaving 
the  working  place,  see  that  the  current  is  cut  off  from  the  trailing 
cables. 

(76)  In  any  gaseous  part  of  the  mine,  if  any  electric  sparking  or 
arc  be  produced  outside  a  coal-cutting  or  other  portable  motor,  or  by 
the  cables  or  rails,  the  machine  shall  be  stopped,  and  not  worked  again 
until  the  defect  is  repaired,  and  the  occurrence  shall  be  reported  to  an 
official  of  the  mine. 

SECTION  VI. 

Electric   Locomotives. 

TROLLEY   SYSTEM. 

(77)  Electric  haulage  by  locomotives  operated  from  a  trolly  wire 
is  not  permissible  in  any  gaseous  parts  of  mines,  except  upon  the  intake 
air  fresh  from  the  outside.     In  parts  of  mines  in  which  there  is  an  ex- 
cessive amount  of  gas,  the  trolley  wire  system  is  prohibited. 

(78)  In  no  case  shall  the  potential  used  in  the  trolley  system  be 
higher  than  medium  voltage. 


146  OFFICIAL  PROCEEDINGS 

STORAGE    BATTERY    SYSTEM: 

(79)  Storage  battery  locomotives  shall  be  used  in  gaseous  mines 
only  when  the  boxes  containing  the  cells  and  all  electrical  parts  are  en- 
closed in  flame  and  explosion-proof  casings.     (For  regulations  covering 
the  installation  of  the  trolley  wire,  see  Section  III,  Rules  38  to  42,  in- 
clusive.) 

SECTION  VH. 

Electrical  Lighting. 

ARC  LAMPS: 

(80)  Arc  lamps  shall  not  be  used  in  gaseous  mines  except  under 
conditions  where  trolley  locomotives  are  allowable. 

(81)  If  arc  lamps  are  used  underground  in  coal  mines,  they  shall 
be  of  the  enclosed  arc  type,  and  shall  not  be  used  in  situations  where 
there  is  likely  to  be  danger  from  the  presence  of  coal  dust. 

INCANDESCENT  LAMPS: 

(82)  In  all  mines,  the  sockets  of  fixed  incandescent  lamps  shall 
be  of  the  so-called  "weather  proof"  type,  the  exterior  of  which  shall 
be  entirely  non-metallic.    Flexible  lamp  cord  connections  are  prohibited, 
except  for  portable  lamps,  as  covered  by  Rule  85. 

(83)  In  any  gaseous  parts  of  a  mine,  except  where  ventilated  by 
fresh  intake  air,   incandescent  lamps  shall   be  protected  by   gas-tight 
fittings  of  strong  glass,  except  that  lamps  of  220  volts,  or  higher,  and 
of  not  more  than  8  candle  power  and  without  tips,  need  not  be  so  pro- 
tected. 

(84)  Incandescent  lamps  shall  be  so  placed  that  they  cannot  come 
in  contact  with  combustible  material. 

(85)  Portable  incandescent  lamps,  other  than  battery  lamps,  shall 
not  be  used  except  in  connection  with  the  repair  and  inspection  of  ma- 
chines and  equipment,  and  then  only  in  non-gaseous  parts  of  mines. 
When  so  used  they  shall  be  protected  by  a  heavy  wire  cage,  completely 
enclosing  both  lamp  and  socket,  and  shall  be  provided  with  a  handle 
to  which  both  cage  and  socket  are  firmly  attached  and  through  which 
the  leading-in  wires  are  carried. 

(86)  Electric  lamps  shall  be 'replaced  by  a  competent  person  only. 
And  in  gaseous  parts  of  a  mine,  only  after  an  examination  for  gas  has 
been  made  with  a  safety  lamp. 

(For  further  regulations  regarding  electric  lighting  circuits,  see 
Section  III,  Rules  43  to  45,  inclusive.) 

SECTION  vm. 

Shot  Firing  by  Electricity. 
SHOT  FIRING  CIRCUITS: 

(87)  Electricity  from  any  grounded  circuit  shall  not  be  used  for 
firing  shots. 

(88)  When  shot-firing  cables  or  wires  are  used  in  the  vicinity  of 
power  or  lighting  conductors,  special  precaution  shall  be  taken  to  pre- 
vent the  shot-firing  cables  or  wires  from  coming  into  contact  with  the 
light,  power,  or  any  other  circuits. 

SHOT   FIRERS: 

(89)  Only  competent  persons,  who  have  the  necessary  training 
and  skill,  and  who  have  been  properly  instructed  in  the  work  and  duly 
authorized  in  writing,  shall  be  allowed  to  fire  shots  electrically,  in  any 
mine, 


AMERICAN  MINING  CONGRESS  147 

ELECTRIC  DETONATORS: 

(90)  All  electric  detonators  and  leads  thereto  shall  be  suitable 
for  the  conditions  under  which  the  blasting  is  carried  on,  and  shall  be 
of  a  type  approved  by  the  Federal  Bureau  of  Mines.    The  charge  shall 
consist  of  90  parts  by  weight  of  mercury  fulminate,  and  10  parts,  by 
weight,  of  potassium  chlorate,  or  their  equivalent.     The  charge  of  de- 
tonating composition,   depending  on  the  type  of  explosive  used,  shall 
not  be  less  than  that  recommended  by  the  Federal  Bureau  of  Mines. 
Detonators  shall  be  kept  in  a  dry  place,  and  never  stored  with  any 
other  explosive.    They  are  extremely  sensitive  to  heat,  friction,  or  blows, 
and  should  be  handled  with  great  care. 

PORTABLE   FIRING   MACHINES   AND   BATTERIES: 

(91)  Portable  shot  firing  machines,  sometimes  called  generators, 
shall  be  enclosed  in  a  tightly  constructed  case,  when  employed  in  any 
part  of  the  mine.     All  contracts,  when  made  or  broken,  shall  be  within 
the  case,  except  that  the  binding  posts  for  making  connections  to  the 
firing  leads  may  be  outside. 

(92)  Primary  or  secondary  batteries  used  for  shot  firing  .shall  be 
provided  with  a  suitable  case,  covered  by  Rule  91.     The  batteries  shall 
be  constructed  so  that  if  the  wires  of  a  detonator  or  leads  should  acci- 
dently  or  otherwise  come  in  contact  with  the  binding  posts,  no  current 
will  be  discharged.     They  shall  be  provided  with  a  detachable  handle, 
plug,  or  key,  without  which  the  current  cannot  be  closed,  or  provided 
with  one  or  more  safety  contact  buttons,  which  are  well  countersunk 
or   protected   by   a   non-conducting  housing.      The   plugs,   handles,   or 
keys,  shall  be  detached  when  not  actually  in  use  for  firing  a  shot,  and 
shall  not,  under  any  circumstances,  pass  from  the  personal  custody  of 
the  person  commissioned  to  fire  the  shots  while  on  duty. 

(93)  All  portable  devices  for  generating  or  supplying  electricity 
for  shot  firing,  when  in  a  mine,  shall  be  in  charge  of  the  person  commis- 
sioned to  fire  the  shots. 

(94)  No  firing  machine  or  battery  shall  be  connected  to  the  shot 
firing  leads  until  all  other  steps,  preparatory  to  the  firing  of  a  shot, 
have  been  completed,  and  all  persons  have  moved  to  a  place  of  safety. 

DISCONNECTING  OF  LEADS: 

(95)  Immediately  after  the  firing  of  a  shot,  the  firing  leads  shall 
be  disconnected  from  the  supply  or  source  of  electricity,  and  no  person 
shall  approach  a  shot  which  has  failed  to  explode  until  the  firing  leads 
have  been  so  disconnected  from  the  devices,   and  an  interval  of  five 
minutes  has  elapsed  since  the  last  attempt  to  fire  the  shot. 

TESTS  OF  GENERATORS  AND  BATTERIES: 

(96)  Frequent  tests  shall  be  made  of  all  devices  covered  by  Rule 
93  to  insure  that  their  capacity  has  not  been  decreased  by  use  or  acci- 
dent. 

SPECIAL  SYSTEMS: 

(97)  The  use  of  special  electrical  shot  firing  systems,  or  equip- 
ment not  covered  by  the  foregoing,  shall  receive  the  approval  of  the 
Federal  Bureau  of  Mines. 

SECTION  IX. 

Electric  Signalling. 

PRECAUTIONS: 

(98)  All  proper  precautions  shall  be  taken  to   prevent  electric 
signal  and  telephone  wires  from  coming  into  contact  with  other  electric 
conductors,  whether  insulated  or  not. 


148  OFFICIAL  PROCEEDINGS 

CHARACTER  OF  EQUIPMENT: 

(99)  Bells,  wires,  insulators,  contact-makers,  and  other  apparatus, 
used  in  connection  with  electric  signalling  underground,  shall  be  of 
suitable  design,  of  substantial  and  reliable  construction,  and  erected 
in  such  a  manner  as  to  reduce  the  liability  of  failures  or  false  signals 
to  a  minimum. 

MAXIMUM  POTENTIAL: 

(100)  In  any  gaseous  part  of  a  mine,  the  potential  used  for  signal 
purposes  shall  not  exceed  10  volts,  and  bare  wires  shall  not  be  used 
for  signal  circuits,  except  in  haulage  roads. 

TELEPHONES: 

(101)  It  is  recommended  that  telephonic  communication  be  es- 
tablished between  the  outside  of  the  mine  and  the  principal  points  of 
operation  underground. 

SECTION  X. 

Electric  Relighting  of  Safety  Lamps. 

(102)  If,  in  any  place  or  part  of  a  mine  in  which  safety-lamps 
are  used,  they  are  relighted  underground  by  electricity,  the  manager 
shall  select  a  suitable  station  or  stations,  not  being  in  the  return  airway, 
and  where  there  is  not  likely  to  be  any  accumulation  of  inflamable  gas; 
and  no  electric  relighting  apparatus  shall  be  used  in  any  other  place. 
All  electrical  relighting  apparatus  shall  be  securely  locked,  and  shall 
not  be  available  for  use  except  by  persons  authorized  by  the  manager 
to  relight  safety  lamps;  and  such  persons  shall  examine  all  safety  lamps, 
brought  for  relighting,  before  they  are  re-issued. 

PRESIDENT  BUCKLEY:  I  am  sure  this  Congress  is  indebted  to 
Judge  Tyrrell  for  reading  the  report  of  this  committee.  The  report  is 
very  long  but,  in  realty,  it  is  a  very  important  report  and  contains  many 
things  of  value.  The  committee  has  done  a  vast  amount  of  work,  as  is 
seen  by  the  report.  They  have  investigated  the  matter  very  carefully, 
and  it  is  unfortunate  that  we  could  not  have  more  men  directly  interested 
in  mining  here  to  listen  to  the  report.  If  there  is  no  objection  this 
report  will  be  accepted  and  placed  on  file  in  the  records  of  the  Congress. 

MR.  D.  J.  KELLY,  of  Arizona:  I  move,  Mr.  President,  that  the 
report  be  accepted.  Seconded. 

Motion  was  put  and  carried  unanimously. 

PRESIDENT  BUCKLEY:  If  there  is  no  further  business  to  come 
before  the  Congress,  we  will  now  adjourn  until  10  o'clock  tomorrow. 
I  wish  to  state,  however,  that  there  will  be  a  meeting  of  the  members 
only  of  the  American  Mining  Congress  here  at  8:30  o'clock  this  even- 
ing, at  which  we  trust  all  members  will  attend  who  can  possibly  do  so. 

The  Congress  was  thereupon  adjourned  until  Friday,  September  30, 
1910,  at  10  o'clock  A.  M. 


FRIDAY,  SEPTEMBER  30,  1910. 

Morning  Session. 

PRESIDENT  BUCKLEY:     The  Congress  will  please  be  in  order. 

Are  there  any  reports  of  committees  to  be  submitted?  I  think  the 
Resolutions  Committee  will  have  some  resolutions  to  report  before  the 
close  of  the  session  this  morning.  We  will  now  listen  to  the  report 
of  the  Committee  on  Standardization  of  Electrical  Equipment  in  Metal 
Mines. 


AMERICAN  MINING  CONGRESS  149 

SECRETARY  NORMAN:     The  report  is  as  follows: 

REPORT  OF  THE  COMMITTEE  ON  STANDARDIZATION  OF  ELEC- 
TRICAL EQUIPMENT  IN  METAL  MINES 

Denver,  Colorado,  Sept.  20,  1910. 
To  The  American  Mining  Congress. 

Your  Committee  on  Standardization  of  Electrical  Equipment  in 
Metal  Mines  has  held  meetings,  carried  on  correspondence  with  mem- 
bers of  the  other  Committee  for  Coal  Mines  in  regard  to  their  work  and 
with  the  Bureau  of  Standards  in  Washington  concerning  their  investi- 
gations and  report,  and  collected  considerable  data,  but  it  not  yet  pre- 
pared to  submit  a  definite  report  for  the  following  reasons: 

Soon  after  the  appointment  of  the  committee,  the  Chairman  was 
obliged  to  go  East  and  was  gone  several  weeks,  during  which  he  dis- 
cussed the  question  with  others  interested  in  the  subject.  On  his  return 
he  found  a  letter  from  Mr.  Chase  stating  that  he  must  be  absent  from 
Denver  for  about  six  weeks  and  suggesting  the  appointment  of  some  one 
in  his  place;  but  the  other  members  felt  that  the  committee  could  not 
afford  to  lose  his  valuable  experience  and  judgment.  Since  then,  all 
of  the  members  have  been  extremely  busy  and  away  at  different  times 
so  it  has  been  difficult  to  obtain  any  positive  and  concerted  action. 
TJie  subject  is  a  very  important  one,  requiring  thorough  investigations 
and  consideration,  with  a  view  to  making  recommendations  which  will 
be  fair  and  beneficial  to  both  mine  owners  and  employees,  and  while 
giving  proper  protection  to  all  concerned,  will  not  unduly  increase  the 
expense,  or  otherwise  hamper  the  utilization  of  electric  power  in  mining 
operations. 

Respectfully  submitted, 

IRVING   HALE,    Chairman. 
H.  S.  SANDS, 
CHARLES   A.   CHASE. 

PRESIDENT  BUCKLEY:  We  will  now  listen  to  the  report  of  the 
Forestry  Committee  submitted  by  A.  G.  Brownlee,  chairman. 

The  report  was  thereupon  read  by  the  Secretary,  and  is  as  follows: 

REPORT  OF  THE  FORESTRY  COMMITTEE  OF  THE  AMERICAN 
MINING  CONGRESS. 

Denver,  Colo.,  September  7,  1910. 
To  the  President  and  Members  of  the  American  Mining  Congress,  Los 

Angeles,  California: 

Gentlemen:  The  composition  of  this  committee  is  the  result  of 
the  action  of  your  Congress  taken  at  its  session  held  at  Goldfield, 
Nevada,  in  September  of  last  year.  At  that  session  of  the  Congress  no 
action  was  taken  on  the  report  of  your  then  Forestry  Committee,  due  to 
the  fact  that  before  the  report  was  submitted  to  the  Congress,  Hon. 
J.  H.  Richards  of  Idaho  introduced  and  presented  Resolution  No.  23, 
reading  as  follows: 

"Resolved,  That  a  committee  of  five  be  appointed  by  the  Mining 
Congress  to  consider  and  recommend  such  changes  in  existing  Federal 
statutes  and  regulations,  as  will  remove  causes  of  friction,  and  best 
promote  friendly  co-operation  between  the  mining  interests  and  the 
management  of  the  National  Forests,  with  a  view  to  facilitating  pros- 
pecting and  mining  v/ithin  the  National  Forests.  That  the  report  of  the 
Forestry  Committee,  submitted  to  the  Congress  at  this  session,  be  sub- 
mitted to  the  above  committee  for  its  information  and  consideration, 
and  that  the  Forestry  Committee  be  discharged." 

The  resolution  quoted  was  referred  to  the  Committee  on  Resolu- 
tions at  the  afternoon  session  of  the  Congress  held  on  September  30, 
1909,  and  on  the  following  morning  it  was  favorably  reported  upon  by 
the  Resolutions  Committee  and  was  subsequently  adopted. 


150  OFFICIAL  PROCEEDINGS 

After  the  above  action  was  taken,  the  twelve-page  printed  report  of 
your  then  Forestry  Committee  was  submitted  to  the  Congress,  and  its 
adoption  was  moved  by  Mr.  Oscar  J.  Smith  of  Nevada,  seconded  by 
Mr.  Kepner  of  the  same  state.  Thereupon,  Judge  Richards  of  Idaho 
took  the  floor  in  opposition  to  the  motion,  alleging  that  its  adoption 
would  be  in  conflict  with  Resolution  No.  23,  previously  adopted  by  the 
Congress.  His  remarks  upon  the  subject  are  contained  on  pages  99,  100 
and  101  of  the  printed  proceedings  of  the  session  referred  to,  wherein 
he  takes  exception  to  the  recommendations  of  the  Forestry  Committee 
on  the  ground  that  its  adoption  would  be  destructive  instead  of  con- 
structive, for  the  reasons  that  the  questions  involved  are  purely  legal 
ones,  involving  an  interpretation  of  certain  laws,  in  which  he  claimed 
that  the  officials  of  the  Forest  Service  were  as  clearly  entitled  to  their 
opinions  as  were  the  members  of  the  American  Mining  Congress. 

In  view  of  the  above,  Messrs.  Smith  and  Kepner  withdrew  their 
motion  for  the  adoption  of  the  report  of  the  Forest  Committee,  which 
was  never  even  read  to  the  Congress;  therefore,  the  result  of  the  con- 
tinuous work  and  deliberations  of  that  important  committee  was  laid 
aside  without  further  consideration — except  to  refer  it  to  this  com- 
mittee. 

Inasmuch  as  no  further  action  was  taken  at  the  Goldfield  session 
looking  toward  the  appointment  of  a  committee  under  Resolution  No. 
23,  that  duty  necessarily  devolved  upon  the  Board  of  Directors  of  the 
Congress,  which,  after  considerable  work  and  difficulty,  succeeded  in 
obtaining  the  consent  of  three  of  the  former  members  of  the  committee 
to  continue  to  act  (Messrs.  Brownlee,  Mills  and  Colburn  of  Colorado) 
and  appointed  two  new  members  (Messrs.  A.  W.  Warwick  of  Colorado, 
and  John  Dern  of  Utah),  who  succeeded  Messrs.  Bancroft  and  Daniels 
of  Colorado. 

The  composition  of  the  existing  Forestry  Committee  is,  therefore, 
made  of  those  members  of  the  Congress  who  were  found  willing  to 
devote  their  time  and  talents  to  the  work,  and  its  several  members  were 
selected  by  the  Board  of  Directors  on  account  of  their  special  knowledge 
of  and  qualifications  for  the  work  to  be  performed. 

The  foregoing  statement  of  facts  is  made  at  this  time  in  order 
that  the  members  of  this  committee  who  were  also  members  of  the  old 
committee  may  not  be  challenged,  or  even  criticised,  in  the  matter  of 
passing  upon  the  work  done  by  the  former  committee  of  which  they 
were  members,  their  reappointment  upon  this  coinmittee  being  strongly 
urged  by  the  Board  of  Directors  of  the  Congress,  and  their  acceptance 
of  such  appointment  being  reluctantly  obtained. 

Under  the  circumstances,  this  committee  deplores  the  fact  that  no 
member  of  the  Forestry  Committee  of  this  Congress  was  able  to  be 
present  at  the  Goldfield  session,  and  in  this  connection  it  may  truth- 
fully be  stated  that  every  member  of  that  committee  spent  so  much 
time  in  committee  work,  that  all  its  members  felt  they  had  contributed 
all  the  time  they  were  warranted  in  giving  to  the  subject,  and  that  the 
printed  report  which  it  submitted,  embodying  the  result  of  careful  in- 
vestigation for  over  one  year,  would  receive  due  consideration  in  the 
Congress  when  it  assembled. 

The  fact  that  Resolution  No.  23  was  adopted  by  the  Congress  be- 
fore the  report  of  the  Forestry  Committee  was  submitted,  is  thought  by 
this  committee  to  be  a  mistake  in  procedure,  and  it  is  submitted  in  all 
candor  and  fairness,  that  before  any  action  was  taken  in  the  matter, 
the  report  of  the  Forestry  Committee  should  first  have  been  submitted 
to  the  Congress,  and  have  been  fully  discussed  and  understood,  other- 
wise committee  work  is  of  little  avail. 

This  committee  has  laboriously  and  carefully  examined,  in  detail, 
all  the  work  performed  by  the  committee  that  was  discharged  at  the 
Goldfield  session  of  the  Congress,  and  it  finds: 

First:  That  all  the  members  of  the  old  committee,  with  the  ex- 
ception of  one,  perhaps,  were  prejudiced  in  favor  of  the  Forest  Service. 


AMERICAN  MINING  CONGRESS  151 

Second:  That  it  collected,  examined  and  investigated  a  large  num- 
ber of  complaints  against  the  Forest  Service,  upon  which  it  based  its 
conclusions,  findings  and  recommendations. 

Third:  That  in  presenting  its  findings  and  recommendations  to 
the  Congress,  it  had  no  thought  or  idea  of  condemning  the  Forest  Serv- 
ice, but  rather  by  helping  it  to  understand  the  needs  and  necessities  of 
the  mining  industry,  and  if  by  chance  the  language  used  in  the  report 
appeared  severe,  it  should  not  be  considered  except  as  the  reflex  of  the 
severe  complaints  investigated  by  the  committee.  • 

Fourth:  That  in  the  matter  of  interpretation  of  the  laws  govern- 
ing the  use  of  timber  on  Forest  Reserves,  the  opinion  of  the  committee 
is  entitled  to  serious  consideration,  it  being  submitted  that  the  laws 
were  made  for  the  benefit  of  the  people,  and  not  for  the  National 
Forest  Service  or  for  the  American  Mining  Congress,  or  either  of  them. 
The  wisdom  of  this  recommendation  is  plainly  set  forth  hereafter. 

In  his  address  before  the  Conservation  Congress,  held  in  St.  Paul, 
Minn.,  on  the  fifth  inst.,  President  Taft  won  a  quick  response  from  his 
thousands  of  hearers,  by  an  appeal  to  the  practical  common  sense  in 
dealing  with  conservation  problems. 

In  the  opinion  of  many  who  heard  him,  he  also  made  answer  to  the 
recent  agitation  for  a  "new  nationalism,"  or  a  federal  centralization  of 
power,  by  declaring  the  only  safe  course  to  pursue  was  to  hold  fast  to 
the  limitations  of  the  constitution  and  to  regard  as  sacred  the  power  of 
the  states.  He  also  declared  that  the  time  for  rhapsodies  and  glittering 
generalities  had  passed,  and  suggested  to  the  Congress  that  it  should 
invite  its  speakers  to  come  down  to  details,  to  specific  evils  and  to 
specific  remedies. 

In  connection  with  the  above,  it  may  be  stated  in  all  modesty  that 
your  Forestry  Committee,  both  old  and  new,  have  been  dealing  with  cold 
facts — not  fancies,  rhapsodies  or  glittering  generalities.  It  has  col- 
lected many  records  of  abuses  that  are  inimical  to  the  mining  industry, 
upon  which  it  based  findings  and  recommendations  which  it  hoped  and 
believed  might  prove  useful  and  valuable  to  this  Congress  and  also  to 
the  Forest  Service  in  an  equitable  and  legal  solution  of  the  rights  of  all 
and  all  this  has  been  done  with  nothing  but  the  friendliest  feeling 
toward  the  Forestry  Service,  which  the  committee  desires  to  assist  in 
every  way  within  its  power,  not  forgetting  its  allegiance  to  the  mining 
industry. 

In  the  matter  of  the  free  use  of  timber  for  the  development  of 
prospective  mines,  it  will  be  noted  that  the  entire  question  hinges  on 
the  interpretation  of  the  Act  of  June  3,  1878,  (20  Stat.,  88),  which  the 
Use  Book  says,  "applies  only  to  unreserved  lands  not  within  National 
Forests;"  however,  no  authority  of  law  may  be  found  for  such  a  state- 
ment. (See  Use  Book,  p.  246.) 

The  Act  of  Congress  referred  to  plainly  gives  the  miner  and  pro- 
spector the  right  to  cut  and  take  timber  from  any  public  mineral  land 
for  the  development  of  his  claim.  The  Act  has  never  been  repealed, 
nor  has  there  ever  been  any  legislation  limiting  it  to  any  other  or  less 
portion  of  the  public  lands  than  is  specified  in  the  Act  itself,  yet  in  the 
Use  Book  it  is  stated  in  parenthesis  that  "The  act  applies  only  to  un- 
reserved lands  not  within  National  Forests." 

The  report  of  your  committee  of  last  year  speaks  quite  plainly  and 
at  length  on  this  important  matter,  and  should  not  be  passed  over 
lightly.  This  opinion  is  expressed  with  full  consideration  of  the  re- 
marks of  our  honored  member  and  past-president,  Judge  Richards  of 
Idaho,  whom  your  committee  submits  might  think  differently  if  he 
were  to  examine  the  mass  of  evidence  collected  in  the  premises,  and  the 
careful  study  of  the  laws  made  by  the  committee  on  the  subject.  How- 
ever that  may  be,  it  is  quite  certain  that  the  administration  at  Washing- 
ton is  not  going  to  take  any  chances  in  the  matter  of  the  interpretation 
of  the  law  referred  to,  for  on  January  18,  last,  Senator  Nelson  of  Min- 
nesota introduced  Senate  Bill  5489,  which  was  referred  to  the  Commit- 
tee on  Public  Lands,  and  which  provides,  among  other  things,  as  follows: 


152  OFFICIAL  PROCEEDINGS 

"Section  7.  That  the  Act  entitled  'An  Act  authorizing  the  citizens 
of  Colorado,  Nevada,  and  the  Territories  to  fell  and  remove  timber  on 
the  public  domain  for  mining  and  domestic  purposes,'  approved  June 
3,  1878,  and  the  Act  entitled  'An  Act  for  the  sale  of  timber  lands  in 
the  States  of  California,  Oregon,  Nevada,  and  in  Washington  Terri- 
tory,' approved  June  3,  1878,  excepting  sections  4,  5  and  6  thereof,  and 
all  Acts  and  parts  of  Acts  amending  or  extending  sections  1,  2  and  3 
of  said  Act,  and  all  other  Acts  or  parts  of  Acts  inconsistent  herewith, 
be,  and  the  same  are  hereby  repealed.  Provided,  That  all  valid  sub- 
sisting claims  heretofore  initiated  under  sections  1,  2  and  3  of  said  Act 
of  June  3,  1878,  or  amendments  thereof,  may  be  perfected  upon  com- 
pliance with  law  and  regulations  issued  thereunder." 

Whatever  differences  of  opinion  may  have  existed,  or  now  exist, 
relative  to  the  interpretation  of  the  law  of  1878  and  the  effect  thereon 
of  the  subsequent  laws  creating  National  Forests  and  their  administra- 
tion, it  is  quite  evident  that  even  the  officials  of  the  National  Forest 
Service  clearly  recognize  that  the  the  prospector  and  miner  has  some 
legal  rights  thereunder,  otherwise  there  would  be  nothing  to  repeal. 
Senator  Nelson's  proposed  measure  leaves  nothing  to  be  inferred  rela- 
tive to  the  rights  of  prospectors  or  miners  in  the  free  use  of  timber 
within  our  National  Forests.  It  completely  and  effectively  abrogates 
all  such  rights.  There  is  no  mistaking  the  intent  of  this  measure. 
Whatever  rights  the  prospector  or  miner  may  have  under  the  law  of 
1878  will  be  completely  wiped  out  if  Senator  Nelson's  administrative 
measure  is  permitted  to  pass,  and  inasmuch  as  prospecting  has  been 
greatly  curtailed  within  our  National  Forests,  due  to  the  restrictions 
placed  upon  the  already  overburdened  prospector,  it  is  the  candid  and 
unbiased  opinion  of  this  committee  that  the  report  of  your  Forestry 
Committee,  dated  Denver,  Colorado,  September  17,  1909,  and  presented 
at  the  Goldfield  session  of  this  Congress  last  year,  should  be  reconsid- 
ered, and  be  adopted. 

In  this  connection  your  committee  is  quite  willing  to  also  recom- 
mend that  this  Congress  join  the  National  Forester  in  any  effort  to  have 
the  ancient  law  of  1878  amended  to  fit  present  conditions,  but  in  any 
such  amendment  this  Cogress  should  INSIST  UPON  RETAINING  FOR 
THE  PROSPECTOR  THE  UNQUESTIONED  RIGHT  THAT  HE  NOW 
HAS,  BOTH  IN  LAW  AND  EQUITY,  TO  USE  TIMBER  OR  ANY 
OTHER  PRODUCT  FROM  ANY  PORTION  OF  LAND  TO  WHICH  HE 
HAS  A  POSSESSORY  TITLE  UNDER  A  VALID  MINERAL  LOCATION. 

Respectfully  submitted, 

A.  G.  BROWNLEE, 
W.  F.  R.  MILLS, 
E.  A.  COLBURN, 
JOHN  DERN, 
A.  W.  WARWICK. 

PRESIDENT  BUCKLEY:     What  is  your  pleasure  with  the  report? 

MR.  G.  W.  HULL,  of  Arizona:  Mr.  President:  I  move  that  the 
report  be  received.  I  think  it  has  been  a  very  conservative  committee. 
Motion  was  seconded. 

PRESIDENT  BUCKLEY:  The  motion  has  been  made  and  sec- 
onded that  this  report  on  Forestry  be  received — and,  I  would  suggest, 
be  referred  to  the  Committee  on  Resolutions.  Are  you  ready  for  the 
question  ? 

MR.  HULL:  Mr.  President:  My  position  is  that  the  committee 
has  done  its  duty  under  the  circumstances.  I  do  not  believe  that  any 
part  of  this  organization  can  dictate  to  Congress.  I  believe  the  com- 
mittee has  been  very  conservative  in  its  actions,  and  I  think  that  all 
committees  that  deal  with  Congress  should  use  reasonable  care  in  re- 
gard to  what  they  do.  We  have  a  portion  of  the  United  States  work- 


AMERICAN  MINING  CONGRESS  153 

ing  against  us,  but  now  we  have  got  to  work  reasonably,  and  when  we 
work  reasonably  we  may  accomplish  such  things  as  may  be  of  bene- 
fit to  the  American  Mining  Congress. 

PRESIDENT  BUCKLEY:  Are  there  any  further  remarks  on  the 
motion? 

The  motion  carried  unanimously  and  the  report  was  referred  to 
the  Resolutions  Committee. 

PRESIDENT  BUCKLEY:  The  next  address  is  one  that  was  to  be 
given  by  Hon.  A.  O.  Eberhart  of  Minnesota  on  "State  Leasing  of  Min- 
eral Lands."  Governor  Eberhart  has  prepared  a  paper  covering  this 
subject,  and  this  paper  will  be  read  by  Mr.  J.  J.  McCardy,  the  Gover- 
nor's representative  here  at  this  Congress. 

The  paper,  as  read  by  Mr.  McCardy,  will  be  found  on  page  302  of 
this  report. 

PRESIDENT  BUCKLEY:  The  report  of  the  Committee  on  Coal 
Tax  Insurance  Fund,  by  Mr.  John  H.  Jones  of  Pennsylvania,  will  be  read 
later.  It  seems  that  report  is  not  in  the  hands  of  the  Secretary  pro 
tern.,  at  the  present  time. 

I  have  an  announcement  from  the  Resolutions  Committee  saying 
that  the  Committee  on  Resolutions  beg  to  inform  the  Congress  that 
they  will  report  on  resolutions  at  2  o'clock  P.  M.,  and  request  that  as 
many  members  as  possible  be  present.  It  was  expected  that  the  report 
of  the  committee  would  come  in  the  morning,  and  this  time  has  been 
set  apart  for  that  report.  Is  there  any  further  business  to  come  before 
this  meeting? 

The  Congress  will  then  stand  adjourned  until  2  o'clock  this  after- 
noon, and  it  will  be  necessary  for  us  all  to  be  here  promptly  at  that 
time. 

A  recess  was  then  taken  until  2  o'clock  p.  m. 


FRIDAY,  SEPTEMBER  30,  1910. 

Afternoon  Session. 

Mr.  George  W.  E.  Dorsey  in  the  chair. 

CHAIRMAN  DORSEY:     The  Congress  will  please  be  in  order. 

SECRETARY  NORMAN:  I  have  here  Resolution  No.  37,  intro- 
duced as  a  substitute  for  Resolution  No.  31.  This  substitute  is  offered 
by  Mr.  Mensch,  the  author  of  the  original  resolution. 

Resolution  No.  37. 

(Introduced  as  Substitute  for  No.  31,  by  W.  A.  Mensch,  of  Arizona.) 

Whereas,  The  unrestrained  waters  of  the  Colorado  river  are  a 
frequent  cause  of  trouble  to  several  adjoining  states,  and  also  have 
been  the  cause  of  international  questions  arising  between  Mexico  and 
the  United  States  of  America;  be  it 

Resolved,  That  we  recommend  the  Congress  of  the  United  States 
of  America  to  authorize  the  War  Department  to  aid  in  the  erection  of 
a  suitable  dam  at  the  most  dangerous  point  on  the  Colorado  river,  that 
will  prevent  future  trouble  of  this  nature,  and  also  serve  to  conserve 
their  waters,  thereby  converting  them  into  available  power,  without  in- 
terfering with  vested  interests  of  any  kind.  Furthermore,  we  believe 
that  the  immediate  development  of  the  hydro-electric  power  on  this 
river  would  prove  to  be  a  natural  asset  of  untold  value. 

CHAIRMAN  DORSEY:  This  resolution  will  be  referred  to  the 
Committee  on  Resolutions.  I  will  state  to  the  Congress  that  Dr. 


154  OFFICIAL  PROCEEDINGS 

Buckley,  Mr.  Dern  and  other  Directors  are  in  session,  and  we  have  just 
prevailed  upon  Mr.  Dern,  after  half  an  hour  of  difficult  persuasion,  to 
accept  the  presidency  of  this  Congress  for  the  ensuing  year.  (Great 
applause.)  This  afternoon  I  have  to  preside,  which  I  object  to  most 
seriously,  as  I  have  the  resolutions  to  report  from  the  Committee  on 
Resolutions.  I  have  asked  Mr.  Benjamin  of  California  to  take  up  and 
present  those  resolutions  in  my  stead,  and  I  hope  the  Congress  will 
bear  with  us  if  we  are  a  little  slow  in  getting  the  resolutions  before  the 
body. 

MR.  BENJAMIN:  The  first  resolution  that  we  desire  to  present 
to  the  Congress  this  afternoon. I  will  ask  the  Secretary  to  read. 

The  Secretary  read  Resolution  No.  38,  by  the  Committee,  as  fol- 
lows: 

Resolution  No.  38. 

(Introduced  by  the  Resolutions  Committee.) 

Hospitality  and  good-fellowship  are  bright  stars  in  the  realm  of 
friendship,  and  appreciation  and  gratitude  are  their  offspring.  It  is, 
therefore,  with  great  pleasure  that  the  American  Mining  Congress  as- 
sembled in  its  thirteenth  annual  session  at  Los  Angeles,  California,  in 
behalf  of  its  members,  its  delegates  and  their  families,  tenders  thanks  to 
the  State  of  California;  the  City  of  Los  Angeles,  and  the  Honorable 
Mayor  and  other  city  officials  who  are  governing  their  municipality  so 
well;  the  public  press,  the  ladies  of  Los  Angeles,  and  others  who  have  so 
royally  welcomed  us  and  made  our  sojourn  in  Southern  California 
pleasant  as  well  as  profitable. 

We  especially  appreciate  the  hospitality  and  goodfellowship  of  the 
Sierra  Madre  Club  of  Los  Angeles  and  of  its  President,  Mr.  E.  A.  Mont- 
gomery, and  its  Secretary,  Mr.  Sydney  Norman,  who  have  done  so  much 
in  our  behalf,  and  who  have,  by  their  untiring  efforts,  added  much  to 
the  pleasure  and  profit  of  our  visit. 

CHAIRMAN  DORSET:  What  is  your  pleasure  regarding  the  reso- 
lution? 

MR.  A.  K.  WRIGHT:  Mr.  President:  I  move  the  adoption  of  the 
resolution. 

The  motion  was  seconded  and  carried  unanimously. 

MR.  BENJAMIN:  The  next  resolution  is  known  as  Resolution 
No.  36,  from  the  Committee,  and  is  a  general  substitute  for  Resolutions 
Nos.  26,  29,  and  others  that  were  introduced  on  the  question  of  oil 
lands.  It  has  been  adopted  by  the  Resolutions  Committee  unanimously, 
and  I  will  ask  the  Secretary  to  read  it. 

Resolution  No.  36  will  be  found  on  page  181  of  this  report. 

CHAIRMAN  DORSET:  What  is  your  pleasure  regarding  this 
resolution? 

MR.  C.  B.  McCOLLUM,  of  California:  Mr.  President:  I  move  the 
adoption  of  the  resolution.  The  motion  was  seconded. 

CHAIRMAN  DORSET:  Gentlemen,  you  have  heard  the  motion 
that  this  Congress  adopt  the  resolution  as  read.  Are  there  any  re- 
marks? 

On  being  put,  the  motion  carried  unanimously. 

MR.  BENJAMIN:  The  Resolutions  Committee  reports  favorably 
on  Resolution  No.  20,  introduced  by  Mr.  E.  A.  Montgomery. 

CHAIRMAN  DORSET:  What  is  your  pleasure  regarding  the  dis- 
position of  Resolution  No.  20? 

DR.  HAILET,  of  Oklahoma:  I  move  its  adoption.  The  motion 
was  seconded. 


AMERICAN  MINING  CONGRESS  155 

CHAIRMAN  DORSET:  Gentlemen,  you  have  heard  the  motion 
that  this  Congress  adopt  the  resolution  just  read  by  the  Secretary.  Are 
there  any  remarks? 

The  motion  carried  unanimously. 

Resolution  No.  20  will  be  found  on  page  179. 

MR.  BENJAMIN:  Resolution  No.  7,  introduced  by  Mr.  David  Ross 
of  Illinois:  The  Resolutions  Committee  recommends  the  passage  of  the 
substitute. 

CHAIRMAN  DORSET:  What  is  your  pleasure  regarding  Reso- 
lution No.  7? 

MR.  MEND  ELS  of  New  Tork:  Mr.  Chairman:  I  move  its  adop- 
tion. The  motion  was  seconded. 

CHAIRMAN  DORSET:  It  has  been  moved  and  seconded  that  this 
Congress  adopt  the  substitute  for  Resolution  No.  7,  which  has  been 
reported  by  the  Committee  on  Resolutions.  Are  you  ready  for  the 
question? 

The  motion  carried  unanimously. 

The  substitute  for  No.  7  will  be  found  on  page  174. 

MR.  BENJAMIN:  The  Resolutions  Committee  reports  favorably 
on  Resolution  No.  35,  offered  by  Mr.  Utter. 

CHAIRMAN  DORSET:  What  is  your  pleasure,  gentlemen,  regard- 
ing the  resolution? 

MR.  MENSCH,  of  Arizona:      Mr.  Chairman,  I  move  its  adoption. 
The  motion  was  seconded. 

CHAIRMAN  DORSET:  It  is  moved  and  seconded  that  Resolution 
No.  35  by  Mr.  Utter,  be  adopted.  Are  there  any  remarks? 

JUDGE  RAT,  of  Nevada:  Mr.  Chairman,  here  is  a  short,  very  ap- 
propriate resolution.  Now,  you  are  getting  down  to  actual  facts  and 
conditions  that  exist  as  between  the  forest  reserve  and  the  miner.  Tou 
never  saw  a  miner  in  your  life  but  who  tried  to  protect  the  timber 
around  his  mine,  and  if  the  forest  reserves  would  work  with  the  miner 
in  protecting  the  timber  we  would  have  fewer  forest  fires  and  less 
timber  burned  off  our  forest  reserves  than  we  have  had  heretofore.  If 
you  will  turn  the  miner  loose  in  these  forest  reserves  he  will  protect 
them,  and  there  will  be  no  forest  fires. 

CHAIRMAN  DORSET:     Are  there  any  further  remarks? 
The  motion  was  put  and  carried  unanimously. 
The  resolution  appears  on  page  181  of  this  report. 

MR.  BENJAMIN:  Mr.  Chairman,  in  regard  to  Resolution  No.  30, 
introduced  by  Mr.  T.  E.  Gibbon  of  Los  Angeles,  the  Committee  desires 
to  report  that  they  have  prepared  a  substitute  for  the  resolution  which 
has  been  submitted  and  unanimously  adopted  by  the  Committee. 

CHAIRMAN  DORSET:     The  Secretary  will  read  the  substitute. 
The  Secretary  read  the  substitute. 

CHAIRMAN  DORSET:  What  is  your  pleasure  regarding  the  reso- 
lution just  reported? 

MR.  JONES,  of  Nevada:  Mr.  Chairman,  I  move  the  adoption  of  the 
substitute  resolution  as  read. 
The  motion  was  seconded. 

CHAIRMAN  DORSET:  It  has  been  moved  and  seconded  that  the 
resolution  as  read  be  adopted.  Are  there  any  remarks? 

The  resolution  was  unanimously  adopted  and  will  be  found  on 
page  180  of  this  report. 


156  OFFICIAL  PROCEEDINGS 

MR.  BENJAMIN:  Mr.  Chairman,  your  Committee  on  Resolutions 
reports  back  Resolution  No.  34,  introduced  by  Mr.  C.  K.  Hershey  of 
Los  Angeles,  with  the  recommendation  that  it  lie  on  the  table. 

CHAIRMAN  DORSET:  What  is  your  pleasure  regarding  this 
resolution? 

MR.  MENDELS,  of  New  York:  Mr.  Chairman,  I  move  that  the 
report  of  the  Committee  be  received  and  that  the  resolution  be  laid 
upon  the  table. 

The  motion  was  seconded. 

CHAIRMAN  DORSET:  Gentlemen,  you  have  heard  the  motion 
that  the  resolution  be  laid  upon  the  table.  Are  there  any  remarks? 

The  motion  to  lay  on  table  carried  unanimously. 

MR.  BENJAMIN:  In  reference  to  Resolution  No.  32  by  W.  W. 
Bass  of  Arizona,  it  is  referred  back  to  the  Congress  without  recom- 
mendation. 

CHAIRMAN  DORSET:     What  is  your  pleasure? 

GENERAL  SAMPSON,  of  Arizona:  I  think  there  is  nothing  that 
has  been  brought  before  this  Convention  that  is  of  more  importance  to 
the  miner  than  this  very  resolution,  for  this  national  reserve  as  is  pro- 
posed by  that  Senate  bill  covers  up  a  great  section  of  mineral  country 
and  prevents  the  miner  from  developing  it.  Not  only  that,  but  it  pre- 
vents the  building  of  smelters,  and  it  prevents  the  building  of  railroads 
in  from  the  north  side.  It  prevents  the  establishment  of  any  more 
summer  resorts  all  along  that  grand  Canyon.  That  is  forever  to  be  a 
monopoly.  This  reservation  is  not  wanted;  it  is  an  injury  to '  the 
country  at  large,  and  especially  to  Arizona.  There  is  also  a  preamble 
accompanying  this  resolution,  and  I  hope  that  the  gentlemen  will  de- 
mand that  that  full  report  be  read  unless  you  are  satisfied  that  this 
is  a  meritorious  case.  If  you  hear  the  entire  report,  or  the  preamble 
and  the  reasons,  you  will  never  vote  against  the  adoption  of  this  meas- 
ure remonstrating  against  the  passage  of  the  Senate  bill  establishing 
a  national  park. 

MR.  BASS,  of  Arizona:  Mr.  President,  Ladies  and  Gentlemen: 
My  object  in  presenting  this  bill  was  to  see  if  I  could  not  stop  this 
reservation  business.  I  am  already  on  three  reservations. 

CHAIRMAN  DORSET:  Mr.  Bass,  if  you  will  just  wait  for  a 
moment  I  will  ask  the  Secretary  to  read  this.  The  length  of  this 
resolution  precludes  careful  consideration  in  the  limited  time  we  have 
here.  I  think  this  is  a  very  meritorious  proposition,  and  if  you  could 
have  put  it  upon  one  page  the  Committee  could  have  considered  it, 
but  there  is  so  much  to  it  that  we  referred  it  back  to  the  Congress 
for  the  purpose  of  having  it  read. 

The  Secretary  then  read  the  preamble  accompanying  the  resolu- 
tion. 

GENERAL  SAMPSON:  As  the  resolution  is  referred  back  with- 
out recommendation,  I  now  move  that  it  be  adopted. 

The  motion  was  seconded. 

CHAIRMAN  DORSET:  Tou  have  heard  the  motion  on  the  adop- 
tion of  the  resolution.  Are  there  any  remarks? 

GOVERNOR  GOSPER:  Mr.  Chairman,  as  a  former  resident  of 
Arizona,  I  have  given  some  thought  to  that  Grand  Canyon,  and  have 
oeen  in  it.  I  was  about  to  take  the  floor  when  my  homely  friend  cut 
me  off.  Now,  I  want  to  say  to  the  members  present  that  while  I  do 
not  think  he  knows,  naturally,  any  more  than  I  do,  yet  on  this  ques- 
tion he  is  much  better  informed. 


AMERICAN  MINING  CONGRESS  157 

Now,  I  apprehend  that  there  are  people  here  in  this  body  who 
are  not  sufficiently  familiar  with  the  facts  as  they  now  exist,  and  I 
favor,  however,  the  motion  that  has  been  made;  but  I  suggest,  sir,  that 
General  Sampson  be  requested — I  was  just  going  to  make  the  request 
that  he  talk  in  my  place,  and  now  I  will  take  my  seat  if  General  Samp- 
son will  make  a  brief  review  of  the  situation  and  give  us  a  few  reasons 
why  that  resolution  should  pass.  I  do  not  need  any  reasons  myself, 
but  I  would  like  to  have  him  advise  this  Congress  of  the  reasons  which 
exist  for  the  passage  of  that  resolution. 

GENERAL  SAMPSON:  Mr.  Chairman,  it  does  seem  to  me  as 
though  the  presentation  in  that  paper  is  so  clear  that  nothing  more  is 
needed  to  be  sa.id,  for  it  shows  that  there  is  timber  in  unlimited 
quantities,  and  mineral,  and  all  of  these  are  attempted  to  be  covered 
by  this  national  park.  Now,  let  it  be  deferred,  as  the  proposition  is, 
until  the  government,  by  the  proper  bureau,  may  make  the  proper  in- 
vestigation and  see  whether  that  should  be  done  or  not,  see  whether 
it  is  not  to  the  interests  of  Arizona  and  the  interest  of  the  United 
States  to  leave  that  park  alone,  and  leave  it  open  for  the  miner,  for 
the  timber  men,  leave  it  open  for  the  development  that  is  sure  to  come, 
and  that  is  all  that  is  asked,  simply  to  stop  action  in  the  Congress  on 
that  Senate  bill.  That  is  the  object,  and  the  value  of  it,  of  the  reso- 
lution. We  do  not  say  that  it  shall  forever,  remain  or  that  no  part 
shall  be  adopted  by  Congress,  but  we  simply  say  let  the  matter  be  de- 
ferred until  the  proper  investigation  can  be  made  and  see  whether  it 
is  right  that  a  park  ought  to  be  established  there  or  not,  and  they 
will  find  that  it  ought  not  to  be.  (Applause.) 

GOVERNOR  GOSPER:  Just  one  word  more  that  occurred  to  me 
while  the  General  was  talking.  It  might  be  wise  to  refer  this  resolu- 
tion to  the  Bureau  of  Mines  with  instructions  from  these  delegates 
here  that  it  investigate  the  facts  and  make  a  recommendation  to  the 
United  States  Congress. 

GENERAL  SAMPSON:  It  would  have  more  effect  if  this  Con- 
gress recommends  to  the  Senate  not  to  pass  that  bill. 

GOVERNOR  GOSPER:     I  am  in  favor  of  that  myself. 

MR.  WRIGHT,  of  Nevada:  Mr.  Chairman,  I  do  not  know  very 
much  about  this  proposition,  but  it  does  seem  to  me  there  cannot  be 
any  special  harm  done  by  asking  Congress  to  hold  this  thing  in  abey- 
ance a  little  while,  and  I  believe  these  gentlemen  know  what  they  are 
talking  about.  I  think  if  they  want  that  thing  put  off  a  little  while 
they  ought  to  have  it,  and  this  Congress  ought  to  help  them  to  have 
it  done. 

MAJOR  MENSCH,  of  Arizona:  Mr.  Chairman,  I  desire  to  say 
that  before  that  resolution  was  submitted  here  I  read  it  over  very 
carefully,  and  I  know  something  about  the  conditions  that  prevail 
there.  I  was  in  that  Canyon  before  they  ever  had  any  hotels  there. 
I  know  what  the  situation  is,  there.  Now,  I  think  it  is  the  duty  of 
this  Congress  to  take  action  on  this  thing,  and  I  certainly  hope  they 
will  adopt  this  resolution. 

MR.  EVANS,  of  Utah:  Mr.  Chairman,  has  this  reservation  been 
set  apart  by  the  Department  at  the  present  time? 

GENERAL   SAMPSON:      No,  but  a  bill   is  pending  providing  for 
MR.  EVANS:     But  it  has  not  yet  been  made  into  a  park? 
GENERAL  SAMPSON:      No. 

MR.  EVANS:  I  just  want  to  say,  Mr.  Chairman,  and  Gentlemen, 
that,  of  course,  I  know  but  very  little  about  this  matter,  excepting 
what  is  presented  here.  The  thing  that  appeals  most  strongly  to  my 


158  OFFICIAL  PROCEEDINGS 

mind  in  favor  of  it  is  the  fact  that  they  are  asking  that  this  matter  be 
delayed  until  Arizona  becomes  a  sovereign  state,  at  which  time  its 
representatives  in  the  Senate  and  House  may  have  a  voice  in  this 
matter.  That  appeals  to  me  very  strongly  and  very  logically.  For 
that  reason  I  feel  like  voting  in  favor  of  the  resolution.  (Applause.) 

MR.  HULL,  of  Arizona:  Mr.  Chairman,  I  am  probably  more 
familiar  with  these  circumstances  than  any  man  in  this  audience. 

A  few  years  ago  some  miners  went  in  there  and  made  some  dis- 
coveries, which  brought  the  Grand  Canyon  to  the  front,  and  they  went 
to  work  and  built  railroads  in  there  before  the  Santa  Fe  had  any  con- 
nection with  the  Grand  Canyon,  and  the  passage  of  this  bill,  I  believe, 
would  destroy  the  rights  of  those  miners  in  that  canyon.  I  do  not  be- 
lieve it  is  just  that  they  should  preserve  all  the  timber  for  150  miles 
by  40  to  60  miles.  They  go  to  work  and  reserve  this  and  then  turn 
around  and  turn  over  to  capitalists  the  land  of  which  they  have  thous- 
ands and  thousands  of  acres,  depriving  the  miners  of  their  right  to 
use  this  land  and  requiring  them  to  go  to  these  people  and  buy  their 
lumber  and  their  timber. 

CHAIRMAN  DORSET:      The  motion  is  on  the  adoption   of   this 
resolution  that  has  been  read.     Are  you  ready  for  the  question? 
The  motion  carried  unanimously. 

CHAIRMAN  DORSET:  The  resolution  is  adopted.  The  Secre- 
tary will  now  present  a  resolution  to  the  Congress. 

SECRETARY  NORMAN:     This  is  a  resolution  prepared  by  myself. 

Resolution  No.  39. 

(By  Sidney  Norman.) 

Realizing  the  immense  importance  of  the  Territory  of  Arizona  as 
a  copper  producer  and  remembering  the  fact  that  it  will  soon  take  its 
belated  place  in  the  Union,  the  American  Mining  Congress  hereby 
respectfully  suggests  that  its  directors  carefully  consider  the  invita- 
tion of  Douglas  and  if  proper  arrangements  can  be  made  commit  this 
Congress  to  meet  at  Douglas  for  the  1911  Convention,  as  recognition 
of  the  splendid  men  who  have  made  the  Territory  the  leader  among 
copper  producers  and  as  a  graceful  and  merited  compliment  to  our 
new  State. 

MR.  BENJAMIN:  The  Committee  desires  to  report  back  Resolu- 
tion No.  14  by  Charles  P.  Fox  of  California,  with  the  recommendation 
that  it  do  not  pass. 

The  Secretary  read  the  resolution. 

MR.  McCALLUM,  of  California:      Mr.  Chairman,  I  move  that  the 
recommendation  that  this -report  be  laid  upon  the  table  be  adopted. 
The  motion  seconded  and  carried  unanimously. 

MR.  BENJAMIN:  Mr.  Chairman,  your  Committee  on  Resolutions 
beg  to  report  resolution  introduced  by  Lewis  E.  Aubury  in  reference 
to  the  elimination  of  mine  fakers  do  not  pass,  for  the  reason  that  the 
points  discussed  in  the  resolution  have  been  covered  by  Resolution 
No.  15  already  adopted  by  this  Congress. 

SECRETARY  NORMAN:  This  is  the  address  by  State  Mineral- 
ogist L.  E.  Aubury  on  the  elimination  of  the  mine  faker,  which  was 
submitted  to  the  Resolutions  Committee  for  action.  The  report  of 
that  committee  says:  "The  points  discussed  in  this  resolution  are 
fully  covered  by  Resolution  No.  15." 

CHAIRMAN  DORSE Y:  It  is  recommended  that  it  be  laid  upon 
the  table.  If  there  is  no  objection  that  will  be  the  course  taken. 


AMERICAN  MINING  CONGRESS  15$ 

MR.  BENJAMIN:  Resolution  No.  23,  by  B.  L.  Worthen  of  Ari- 
zona. We  recommend  that  this  resolution  do  not  pass,  because  the 
Bureau  of  Mines  was  establisned  to  deal  with  these  questions. 

CHAIRMAN  DORSET:  What  will  you  do  with  the  report  of  the 
Committee? 

MR.  B.  L.  WORTHEN,  of  Arizona:      Mr.  Chairman,  I  would  like 
to  have  the  resolution  read  and  to  say  a  few  words  on  it. 
The  Secretary  read  the  resolution. 

CHAIRMAN  DORSET:  Gentlemen,  what  is  your  pleasure  regard- 
ing the  resolution  just  read? 

MR.  MENDELS,  of  New  York:  Mr.  Chairman,  I  move  that  the 
report  of  the  committee  be  received  and  the  resolution  read  be  laid 
upon  the  table. 

The  motion  was  seconded. 

MR.  B.  L.  WORTHEN,  of  Arizona:  Mr.  Chairman,  in  furtherance 
of  this  resolution  as  presented  I  would  state  this — That  about  two 
years  ago  I  went  to  the  office  of  Mr.  Callbreath,  the  Secretary  of  the 
American  Mining  Congress,  and  discussed  with  him  at  some  length 
the  conditions  under  which  the  miners  were  working  in  the  mines  as 
to  the  drilling  of  dry  holes  in  mines.  Now,  one  who  has  been  under- 
ground and  has  seen  the  conditions  that  confront  the  miners,  and 
takes  into  consideration  the  adoption  of  the  new  machine  that  has 
come  out  in  the  last  two  or  three  years,  and  is  used  very  extensively, 
known  to  us  as  the  stoping  drill,  might  realize  the  possibilities  of  what 
is  coming  in  the  next  few  years  to  the  miner.  When  you  go  down 
into  mines  and  see  the  dust  so  thick  there  that  you  cannot  see,  and 
realize  that  the  miners  are  breathing  this  dust  all  of  the  time  I  think 
that  you  will  agree  that  the  government  should  take  some  steps  to 
protect  the  miner  as  well  as  to  protect  those  who  work  on  top  of  the 
ground.  Now,  when  you  take  the  miners'  condition  there,  and  con- 
sider the  possibility  of  contagion  among  the  men  working  there  under 
ground  where  the  sun  never  shines  and  never  gets  a  chance  to  kill 
off  the  germs,  you  can  realize  what  will  happen  in  a  few  years  if  that 
condition  is  allowed  to  prevail.  For  that  reason,  I  bring  this  matter 
to  the  attention  of  the  Congress  and  the  mining  men,  more  particularly 
the  dangers  that  are  facing  the  underground  miners.  Now,  it  has  been 
known  that  by  the  use  of  mechanical  devices  you  can,  to  a  great  extent, 
eliminate  these  troubles  and  make  the  air  under  ground  almost  as  pure 
as  on  the  surface,  but  through  the  greed  of  mining  operators  in  try- 
ing to  get  more  and  more  out  of  the  camp,  miners  are  absolutely  over- 
looked; and,  more  than  that,  the  class  of  miners  we  had  a  few  years 
ago,  who  were  American  miners,  men  who  took  some  steps  to  safeguard 
their  interests,  are  now  being  replaced  by  a  lower  class  of  miners — 
foreigners  who  absolutely  have  no  sanitary  conditions.  You  can  walk 
into  some  of  the  largest  mining  camps  in  this  country  and  find  this 
same  condition  in  the  bunk-house  in  which  these  men  sleep.  One  man 
sleeps  in  a  bed  who  is  working  on  day-shift,  and  another  man  who  is 
working  on  night-shift  will  sleep  in  the  same  bed.  Now,  when  you 
think  of  what  problem  is  facing  us  and  find  that  this  is  going  to  be  a 
source  and  a  hot  bed  of  contagious  disease  I  think  it  is  time  for  this 
Mining  Congress  to  wake  up  to  this  fact  and  take  action,  as  they  have 
done  in  Great  Britian,  where  they  have  passed  laws  to  protect  those 
whom  we  consider  the  lowest  down  class  of  men,  ignorant  Slavs  or 
negroes.  They  have  laws  to  protect  these  men  under  the  very  same 
conditions  which  I  have  cited  here.  (Applause.) 

CHAIRMAN  DORSE Y:  I  will  say  for  the  benefit  of  the  gentle- 
man that  the  question  that  he  raises  here  should  be  and  will  be  con- 
sidered by  the  Bureau  of  Mines.  It  is  local  in  its  character,  and  we 
cannot  attempt  to  advise  regarding  the  different  diseases  that  the 


160  OFFICIAL  PROCEEDINGS 

miner  is  heir  to.  What  he  says  with  reference  to  the  night  and  day 
shifts  occupying  the  same  beds  is  absolutely  true  in  too  many  camps. 
The  Inspector  of  Mines  should  see  to  that;  he  has  done  so  in  Idaho. 
I  do  not  know  about  Arizona,  for  I.  have  had  but  little  experience  in 
that  state.  What  is  the  pleasure  of  the  Congress  regarding  this  reso- 
lution? It  is  information,  that  is  all.  If  there  is  no  objection  this 
matter  will  be  referred  to  the  Bureau  of  Mines — I  will  take  that  re- 
sponsibility here  now — without  recommendation. 

MR.  BENJAMIN:  The  Committee  reports  Resolution  No.  27,  in- 
troduced by  Major  W.  A.  Mensch  of  Arizona.  We  recommend  that 
this  resolution  do  not  pass  for  the  reason  that  it  appertains  to  business 
of  a  private  nature. 

CHAIRMAN  DORSET:  I  will  say  to  the  Congress  that  this  reso- 
lution is  in  reference  to  the  United  States  Agricultural  and  Industrial 
Exposition,  and  we  cannot  in  this  Congress  give  endorsement  to  any 
private  enterprise  of  the  kind.  We  had  an  experience  some  years 
ago  in  New  York  and  it  was  disastrous.  We  were  importuned  until 
we  gave  a  quasi  endorsement  of  a  great  exhibition  that  was  to  be 
made  in  Madison  Square.  The  gentleman  was  a  good  promoter  and  the 
Congress  listened  to  him,  against  the  advice  of  some  of  us,  and  he 
made  a  most  miserable  failure  of  it.  I  hope  this  will  be  a  success,  but 
the  Committee  on  Resolutions,  in  considering  this,  have  to  recommend 
that  it  do  not  pass. 

MAJOR  MENSCH:  Mr.  Chairman,  may  I  have  just  a  word?  In 
our  neighboring  country  to  the  north,  Canada,  they  have  a  permanent 
exposition  such  as  this  is  to  be.  It  is  not  an  individual  exposition,  but 
they  have  their  Advisory  Board  that  is  taken  from  every  state  and  ter- 
ritory in  this  Union.  All  of  the  experimental  stations  established  by 
this  government  in  the  various  states  are  represented,  the  directors 
of  those  institutions  being  upon  this  Advisory  Board.  They  have 
members  of  the  Advisory  Board  in  all  of  the  various  industries,  of 
which  one  is  mining.  The  probility  is  that  this  will  be  located  in  the 
City  of  St.  Louis  as  the  nearest  city  to  the  center  of  population,  and 
easy  of  access,  climatic  conditions  also  being  taken  into  consideration. 

I  want  to  see  every  man  present  here  who  has  a  prospect  or  a 
mine  or  is  engaged  in  fruit  raising  or  any  other  industry  exhibit  his 
choice  products  at  this  exposition,  and  it  don't  cost  you  a  nickle,  and 
there  is  not  anything  that  I  know  of  today  that  gives  a  man  who  is 
raising'  fruit,  who  is  making  his  living  from  the  earth,  a  better  oppor- 
tunity to  show  and  to  advertise  his  wares  so  that  everybody  may  see 
them,  and  then  he  can  go  to  the  register  and  know  whether  that  man 
that  is  exhibiting  there  has  a  legitimate  proposition  or  not.  That  is 
my  reason  for  bringing  this  matter  up  here.  We  ask  nothing  from  the 
Mining  Congress  except  that  they  express  their  opinion  as  to  whether 
it  is  a  good  or  bad  feature. 

CHAIRMAN  DORSET:  What  is  the  pleasure  of  the  Congress 
regarding  the  report  of  the  Committee  on  Resolutions  recommending 
that  this  resolution  be  laid  upon  the  table  without  action?  It  will 
take  that  course  unless  there  is  a  motion  made  or  objection  raised. 

JUDGE  RAY:  Mr.  Chairman,  I  move  that  this  resolution  be  read 
so  that  we  can  hear  it  and  give  everybody  a  chance. 

The  Secretary  read  the  resolution,  which  is  found  on  page  67. 

CHAIRMAN  DORSE Y:  If  the  Congress  wishes  to  go  on  record 
endorsing  an  enterprise  of  that  kind  it  may  do  so.  It  is  a  private  en- 
terprise. 

MR.  H.  S.  McCALLUM:  Mr.  Chairman,  I  move  the  adoption  of 
the  report  of  the  Committee. 

The  motion  was  seconded  and  carried  unanimously. 


AMERICAN  MINING  CONGRESS  161 

CHAIRMAN  DORSE Y:  Mr.  Mensch  introduced  a  resolution  that 
was  referred  to  the  Committee  and  it  was  reported  back  with  the 
recommendation  that  it  be  passed.  He  has,  since  we  have  been  in 
session  this  afternoon,  presented  a  substitute  for  that  resolution.  Out 
of  courtesy  for  him,  I  will  ask  the  Congress  now  to  consider  this  sub- 
stitute, which  I  will  ask  the  Secretary  to  read.  I  will  say  that  you  can 
have  no  further  meeting  of  the  Committee  on  Resolutions;  this  is  the 
last  that  we  will  report.  Any  further  resolution  that  may  be  offered 
after  this  time  will  not  be  referred  to  the  Committee  on  Resolutions 
but  will  be  taken  up  directly  by  the  Congress.  The  Secretary  will 
please  read  this  substitute  for  Resolution  No.  31. 

SECRETARY  NORMAN:      The  substitute  resolution  is  as  follows: 

Resolution  No.  37. 

(Introduced  as  Substitute  for  No.  31.) 

Whereas,  The  unrestrained  waters  of  the  Colorado  river  are  a 
frequent  cause  of  trouble  to  several  adjoining  states,  and  also  have 
been  the  cause  of  international  questions  arising  between  Mexico  and 
the  United  States. 

Be  It  Resolved,  That  we  recommend  the  National  Congress  to 
authorize  the  War  Department  to  aid  in  the  erection  of  a  suitable  dam 
at  the  most  dangerous  point  on  the  Colorado  river,  that  will  prevent 
future  trouble  of  this  nature,  and  also  serve  to  conserve  these  waters; 
thereby  converting  them  into  available  power,  without  interfering  with 
vested  interests  of  any  kind.  Furthermore  we  believe  that  the  im- 
mediate development  of  the  Hydro-Electric  power  on  this  river  would 
prove  to  be  a  National  asset  of  untold  value. 

CHAIRMAN  DORSE  Y:  What  is  your  pleasure  with  the  resolu- 
tion? 

JUDGE  RAY:      I  move  the  adoption  of  the  resolution. 

MR.  EVANS:,  of  Utah  I  move  that  the  report  be  sent  to  the 
Irrigation  Congress. 

CHAIRMAN  DORSE  Y:      My  friend  is  out  of  order. 

MR.  MENDELS,  of  New  York:  Mr.  Chairman,  I  move  that  the 
resolution  be  laid  upon  the  table. 

MR.  THOMAS  FELLOWS,  of  California:  Mr.  Chairman,  I  sec- 
ond the  motion  to  adopt. 

CHAIRMAN  DORSE  Y:  It  is  moved  and  seconded  that  we  adopt 
Resolution  No.  37,  which  is  a  substitute  for  No.  31,  offered  by  Mr. 
Mensch.  Are  you  ready  for  the  question? 

MR.  MENDELS,  of  New  York:  No,  sir.  Mr.  Chairman,  I  move  as  a 
substitute,  as  this  question  was  thoroughly  threshed  out  in  the  Reso- 
lutions Committee  as  being  an  entirely  local  matter  which  this  Con- 
gress did  not  deal  with,  that  that  resolution  lie  on  the  table. 

The  substitute  motion  was  seconded  and  carried. 

CHAIRMAN  DORSE  Y:  The  motion  is  carried,  and  the  resolu- 
tion will  lie  upon  the  table.  The  Secretary  will  now  read  a  letter  from 
Governor  Sloan. 

September  28,  1910. 
Hon.  Sidney  Norman, 

Chairman,  Convention  Committee, 
American  Mining  Congress, 

Los  Angeles,  California. 
Dear  Sir: 

I  regret  to  be  compelled  to  write  that  I  am  prevented  by  public 
business  from  attending  the  Mining  Congress  this  week,  and,  as  it  is 


162  OFFICIAL  PROCEEDINGS 

too  late  to  send  a  representative,  I  enclose  you  herewith  a  short 
statement  of  my  views  on  the  subject  of  conservation  as  it  effects 
Western  development  which  I  should  have  expressed  if  I  were  present. 
I  will  be  obliged  if  you  will  have  some  one  read  this  paper  on  Friday 
morning  if  you  consider  it  worth  while.  There  are  a  number  of  gen- 
tlemen from  Arizona  who  I  feel  sure  would  be  willing  to  read  the 
paper.  I  suggest  in  this  connection  Mr.  LeRoy  Anderson  of  Prescott, 
if  he  is  present,  or  Col.  Powell,  of  Bisbee.  I  do  not  have  their  ad- 
dresses so  cannot  write  them  directly. 

Regretting  that  I  shall  not  be  able  to  attend  the  Congress  and  with 
best  wishes  for  its  success,  I  remain, 

Very  truly  yours, 

RICHARD  E.   SLOAN, 

Governor  of  Arizona. 

CHAIRMAN  DORSET:  It  is  my  pleasure  now  to  introduce  to 
you  one  of  our  new  directors,  Colonel  Powell,  of  Arizona,  who  will 
read  a  paper  prepared  by  Governor  Sloan.  I  hope  he  will  precede  that 
with  thanks,  and  say  some  nice  things,  as  he  is  abundantly  able  to  say, 
and  I  am  satisfied,  gentlemen,  that  he  is  going  to  make  a  most  valuable 
director  of  this  Congress.  His  work  on  the  Committee  on  Resolutions 
showed  me  that  the  stuff  is  in  him,  that  his  heart  is  in  the  right  place, 
and  you  will  see  that  he  will  be  a  great  favorite  with  the  ladies  who 
come  to  this  Congress. 

MR.  POWELL:  I  wish  to  thank  the  Chairman  for  his  remarks, 
and  particularly  for  his  reference  to  the  ladies. 

It  strikes  me  that  the  American  Mining  Congress  has  at  last 
come  into  its  own.  For  a  great  many  years  people  were  very  much  at 
sea  as  to  the  results  of  the  efforts  of  the  American  Mining  Congress. 
A  great  many  prominent  mining  men  throughout  the  country  did  not 
lend  the  aid  to  it  that  it  was  entitled  to.  I  speak  of  this  advisedly, 
because  I  have  talked  to  a  great  many  of  them  and  know  how  they 
felt  about  it.  Somehow  the  idea  got  out  that  it  was  not  to  be  an  in- 
stitution to  further  particularly  the  interests  of  the  mining  industry, 
but  an  institution  of  some  other  sort,  nobody  knew  just  exactly  what; 
but  I  think  that  its  work  in  the  last  few  years,  and  particularly  last 
year,  has  demonstrated  beyond  any  question  of  doubt  what  it  is  cap- 
able of  doing,  and  I  think  this  session  has  been  one  that  will  bear  good 
fruit.  ;  |  i|  -j  j 

I  was  honored  by  you  last  night  by  being  elected  as  a  director, 
and  we  had  our  first  session  today,  and  from  what  I  see  and  know  of 
the  board  of  directors  I  think  you  have  a  good  one,  with  the  possible 
exception  of  myself,  but  I  shall  endeavor  to  do  all  the  work  I  can  to 
further  the  interests  of  mining  men  and  the  work  of  this  Congress, 
but  we  must  have  the  assistance  of  the  members.  People  come  to 
meetings  of  this  sort  and  they  select  men  to  take  the  offices  and  go 
home  and  say,  "Well,  we  had  a  good  meeting,  and  we  had  a  good 
time;  lots  of  matters  of  interest  were  brought  up  and  .discussed,  etc., 
and  we  had  a  good  time  in  Los  Angeles,  and  it  was  all  right,  the  ses- 
sion was  a  success."  But  that  is  not  what  makes  the  American  Mining 
Congress  and  gives  it  the  opportunities  to  do  the  good  that  it  is  cap- 
able of  doing.  We  must  each  and  all  of  us  take  a  material  interest  in 
it,  and  I  hope  that  every  man  who  has  been  here,  when  he  goes  home, 
will  go  home  feeling  that  this  organization  is  worthy  of  his  support 
and  the  support  of  his  friends  (applause)  and  that  he  will  constitute 
himself  a  committee  of  one  to  try  to  further  its  interests  by  getting 
more  members. 

I  do  not  know  why  I  should  have  been  asked  to  read  this  paper 
from  our  Governor,  but  I  consider  it  an  honor  to  do  so.  I  believe  the 
Territory  of  Arizona  has  one  of  the  greatest  governors  of  any  Terri- 
tory or  State  in  the  Union.  (Applause.)  He  is  a  man  who  stands 
high  in  the  eyes  of  the  nation  as  well  as  he  does  in  the  eyes  and  hearts 
of  the  people  of  the  Territory  of  Arizona,  a  sensible,  conservative  man 


AMERICAN  MINING  CONGRESS  163 

that  we  all  look  up  to  and  respect,  and  whenever  he  makes  an  utter- 
ance we  all  listen  with  great  interest,  because  we  know  he  is  going  to 
say  something  that  will  be  of  good  to  us. 

The  paper  prepared  by  Governor  Sloan,  and  which  I  have  the 
honor  to  present  to  you,  is  as  follows: 

Governor  Sloan's  paper  is  found  on  page  294  of  this  report. 

GOVERNOR  GOSPER:  Mr.  Chairman,  it  is  my  pleasure  to  move 
that  it  be  the  regret  of  this  Congress  that  Governor  Sloan  could  not 
have  been  here  to  present  his  paper  personally,  and  in  the  same  motion 
to  thank  him  for  the  very  able  paper  that  has  just  been  read. 

The  motion   was   seconded  and  carried  unanimously. 

CHAIRMAN  DORSET:  Arizona  is  soon  to  be  a  state;  it  should 
have  been  years  ago.  New  Mexico  came  very  near  entering  the  Union 
thirty-four  years  ago.  It  failed  because  the  delegate  happened  to 
make  an  unwise  remark.  Mr.  Elkins  spoke  too  soon.  Now,  we  have 
heard  from  Arizona  through  its  Governor  and  its  able  representatives 
on  the  floor  of  this  Congress.  We  have  here  with  us  a  gentleman 
from  New  Mexico,  Dr.  H.  M.  Shields,  whom  I  will  ask  to  say  a  few 
words  on  conservation  and  the  interests  of  New  Mexico  upon  that  sub- 
ject. 

Dr.  Shield's  address  will  be  found  on  page  326  of  this  report. 

GOVERNOR  GOSPER:  Mr.  Chairman,  inasmuch  as  this  American 
Mining  Congress  has  had  one  session  in  Nevada,  and  is  just  closing 
another  in  California,  and  I  think  it  is  due  Arizona  as  one  of  the  min- 
ing centers  of  America  that  the  next  session  of  this  Congress  should  be 
held  within  its  limits,  I  therefore  move  you,  sir,  that  it  is  the  request 
of  this  convention  to  the  officers  and  directors  of  the  same  that  they 
shall  designate  Douglas,  as  per  the  resolution  of  Mr.  Norman,  as  the 
next  place  of  meeting. 

GENERAL  SAMPSON:  Mr.  President,  I  will  not  offer  a.ny  amend- 
ment, but  I  would  prefer  that  the  gentleman  make  his  motion  broad 
enough  so  that  it  says  that  we  want  the  next  convention  to  be  in 
Arizona,  and  leave  it  with  the  Board  of  Control  to  decide  what  par- 
ticular place.  We  have  no  objection  to  offer  against  Douglas.  Our 
arms  will  be  wide  open  if  they  decide  to  come  to  Phoenix,  but  we  are 
not  entering  into  competition  with  Douglas  at  all.  I  think  the  best 
plan  would  be  to  resolve  here  that  we  want  it  in  Arizona. 

GOVERNOR  GOSPER:      I  will  modify  my  motion. 

CHAIRMAN  DORSET:  If  the  Governor  will  suspend  just  a  min- 
ute we  will  have  the  resolution  introduced  by  Mr.  Norman  read  to 
the  Congress  and  will  consider  it  now. 

SECRETART  NORMAN:  This  resolution  was  prepared  in  the 
knowledge  that  only  one  official  invitation  has  been  received  from  the 
Territory  of  Arizona  up  to  the  time  of  its  preparation.  That  invitation 
was  from  the  city  of  Douglas  and  is  in  official  form  here  in  the  shape 
of  a  telegram  from  the  Chamber  of  Commerce  and  Mines  of  Douglas. 
There  had  been  no  invitation  from  Phoenix  in  an  official  way,  and 
therefore  this  resolution  was  prepared  with  that  idea  in  mind. 

GENERAL  SAMPSON:  Pardon  me  for  saying  this — that  we  have 
at  all  times  been  ready  and  more  than  willing  to  receive  the  next 
Congress,  but  we  did  not  feel  that  we  would  enter  into  competition 
with  Douglas,  because  there  are  many  reasons  why  that  place  might 
be  selected;  but  we  have  thought  that  the  best  plan  would  be  to  leave 
unite  and  say  Arizona,  and  leave  it  with  the  Committee  after  they 
have  looked  into  the  matter,  and  if  Douglas  is  the  place,  we  say  go  to 
Douglas,  and  we  will  be  with  you. 


164  OFFICIAL  PROCEEDINGS 

CHAIRMAN  DORSET:  The  Secretary  will  read  the  resolution 
now,  and  if  the  Governor  wishes  to  make  an  amendment  to  strike  out 
or  substitute  the  chair  will  entertain  the  motion. 

SECRETARY  NORMAN:  I  have  already  amended  this  resolution 
so  that  I  think  it  will  cover  the  point,  and  I  would  like  to  substitute 
it  for  the  one  already  read: 

The  Secretary  read  the  substitute. 

GENERAL  SAMPSON:    I  move  the  adoption  of  the  rerolution. 

GOVERNOR  GOSPER:  I  second  the  motion  as  amended.  I  am 
fairly  familiar  with  Arizona;  I  have  been  all  over  the  Territory  on 
burros  and  stages  long  before  the  cars  got  into  that  country.  If  it 
were  left  to  me  today  to  name  the  place  where  this  Congress  should 
have  its  next  session  it  would  be  Phoenix,  most  emphatically,  and, 
Mr.  Secretary,  you  can  so  quote  me  to  the  people  that  have  to  do  with 
it,  and  I  second  the  motion  of  General  Sampson. 

CHAIRMAN  DORSET:  Gentlemen,  you  have  heard  the  motion. 
The  question  is  now  before  you.  What  is  your  pleasure? 

MR.  POWELL:  Mr.  Chairman,  I  know  these  gentlemen  here  are 
all  tired  and  worn  out,  and  want  to  get  home  and  get  ready  to  go  to 
that  entertainment  tonight,  which  we  all  are  looking  forward  to  with 
a  great  deal  of  interest,  but  when  the  Governor  made  that  motion  I 
was  in  hopes  General  Sampson  would  second  it,  and  that  Douglas 
would  have  the  full  and  free  endorsement  of  this  body  for  the  next 
meeting  place.  Douglas  has  tried  to  get  this  convention  for  several 
years,  and  the  people  of  Douglas  have  spent  a  great  deal  of  time  and 
effort  and  some  money  in  making  the  endeavor  to  get  the  Congress 
to  come  there.  They  gave  way,  as  you  will  remember,  at  some  of 
the  other  meetings  to  other  places  for  the  benefit  of  the  Congress,  and 
expected  to  have  the  same  consideration  shown  them  in  the  future. 

Douglas  is  situated  in  a  portion  of  Arizona,  and  a  section  of  coun- 
try which  perhaps,  to  mining  men,  affords  as  much  interest  as  any  city 
in  this  country.  She  has  within  the  city  limits  two  of  the  greatest 
copper  reduction  works  in  the  world.  Within  sixty  or  seventy  miles 
south  of  there  is  one  of  the  most  modern  and  one  of  the  greatest  con- 
centrating plants  in  the  world.  Within  twenty-four  or  twenty-five 
miles  is  Bisbee,  which  certainly  has  some  of  the  greatest  copper  mines 
in  the  world,  with  equipment  that  is  of  interest  to  mining  men.  All 
of  these  places  are  easily  within  reach  of  Douglas,  and  I  am  sure  if 
you  come  to  that  country  we  will  make  arrangements  that  will  enable 
the  delegates  to  reach  these  places  without  any  inconvenience.  We 
have  many  attractions  in  and  about  Douglas  that  will  interest  you.  In 
view  of  all  these  things,  and  in  view  of  the  efforts  that  Douglas  has 
made,  in  view  of  the  promises  that  have  been  made  to  it,  and  the  fact 
that  they  have  given  way  to  other  places  for  the  benefit  of  this  or- 
ganization, I  was  certainly  in  hopes  that  General  Sampson,  whom  I 
know  would  give  us  a  royal  welcome  if  we  should  go  to  Phoenix, 
would  give  way  to  Douglas's  request. 

GENERAL  SAMPSON:  I  want  it  distinctly  understood  that  we 
are  not  fighting  Douglas  in  this  matter  at  all.  I  only  thought  it  better 
to  leave  it  open  so  that  the  Board  of  Directors,  in  their  wisdom,  if  de- 
velopments should  happen  to  be  such — for  instance,  an  epidemic  of 
some  kind  of  fever  or  something  in  Douglas  or  Phoenix  (laughter)  the 
Poard  could  arrange  to  go  to  the  other  city.  WTe  are  not  fighting 
Douglas  by  any  means.  I  want  to  go  there.  But  leave  it  open  and  let 
the  Board,  as  the  constitution  and  by-laws  provide,  decide  when  the 
time  comes.  So  the  motion  might  be  adopted  as  it  is. 

MR.  WORTHEN:  Mr.  Chairman,  I  want  to  call  attention  to  the 
fact  that  the  large  number  of  members  of  the  American  Mining  Con- 


AMERICAN  MINING  CONGRESS  165 

gress  is  in  the  particular  section  around  Douglas,  but  I  think  the  best 
thing  to  do  is  to  leave  the  matter  open  to  bids  and  let  the  one  putting 
up  the  most  money  get  the  Congress. 

GOVERNOR  GOSPER:  I  understood  that  it  was  so  arranged 
that  the  motion  was  to  have  the  Congress  meet  either  at  Douglas  or 
Phoenix  and  leave  the  question  as  between  those  two  cities  to  be  de- 
termined by  the  Board  of  Directors. 

CHAIRMAN  DORSET:  This  is  simply  a  recommendation  from 
the  Congress  to  the  Board  of  Directors. 

The  motion  was  put  and  carried  unanimously. 

CHAIRMAN  DORSET:  The  Secretary  will  report  to  the  Directors 
the  action  of  this  Congress.  We  will  now  take  a  recess  until  tomorrow 
morning  at  ten  o'clock. 

An  adjournment  was  thereupon  taken  until  October  1,  1910,  at 
10  o'clock  A.  M. 


SATURDAY,  OCTOBER  1,  1910. 

Morning  Session. 

President  Buckley  in  the  chair. 

PRESIDENT  BUCKLEY:  The  Congress  will  please  be  in  order. 
The  Secretary  has  some  announcements  to  make. 

SECRETARY  NORMAN:  I  am  sure  we  have  all  been  inexpress- 
able  shocked  at  the  terrible  disaster  which  occurred  this  morning,  and 
it  is  particularly  difficult  for  me  to  speak  upon  the  subject,  because  I 
was  connected  with  the  Los  Angeles  Times  as  its  mining  ^editor,  and 
through  that  connection  I  was  able  to  make  a  start  in  my  acquaintance 
with  the  mining  men  of  the  Southwest.  Every  man  in  that  building 
who  was  there  last  night  was  known  personally  to  me.  Arid  I  expect 
your  feelings  were  perhaps  as  mine  were.  I  was  up  there  last  night 
and  saw  the  terrible  condition  of  the  conflagration  there,  and  I  am 
sure  it  has  almost  put  me  out  of  business.  I  have  endeavored,  how- 
ever, to  prepare  a  resolution  that  will  express  the  feeling  of  the 
American  Mining  Congress.  The  resolution  is  as  follows: 

Resolution  No.  40. 

(By  Sidney  Norman.) 

The  American  Mining  Congress,  almost  at  the  close  of  one  of  the 
most  important  and  most  enjoyable  conventions  in  its  history,  is  inex- 
pressibly shocked  at  the  terrible  disaster  which  wrecked  the  establish- 
ment of  the  Los  Angeles  Times,  early  this  morning. 

It  extends  to  the  Times,  the  widows,  orphans  and  relatives  of 
those  who  have  been  taken,  its  deepest  sympathy  and  hopes  that  the 
blame  will  be  promptly  and  properly  placed  and  the  culprits,  if  any 
there  be,  adequately  punished. 

SECRETARY  NORMAN:      I  move  the  adoption  of  the  resolution. 
The  motion  was  seconded. 

PRESIDENT  BUCKLEY:  I  think  the  resolution  as  read  is  en- 
tirely appropriate.  The  motion  is  made  and  seconded — and,  with" 
the  permission  of  the  Congress,  I  will  supplement  this  motion — that 
the  rules  of  the  Congress  be  suspended  and  that  the  resolution  as  read 
by  the  Secretary  be  passed  at  this  time. 

The  motion  carried  unanimously. 


166  OFFICIAL  PROCEEDINGS 

MR.  DORSEY:  I  move  you,  gentlemen,  that  a  vote  of  thanks  of 
this  Congress  be  extended  to  our  worthy  President,  Doctor  Buckley, 
for  the  able  and  efficient  manner  in  which  he  has  presided  over  the 
deliberations  of  this  body;  also  to  Mr.  Sidney  Norman,  our  efficient 
Secretary,  for  the  arduous  labors  he  has  performed. 

This  motion  was  seconded  by  many  delegates. 

MR.  DORSE Y:  Gentlemen,  this  is  not  open  to  debate.  You  have 
heard  the  question.  All  who  favor  this  resolution  will  manifest  the 
same  by  a  rising  vote. 

Doctor  Buckley  and  Mr.  Norman,  you  have  the  thanks  of  this 
Congress  for  your  splendid  services. 

PRESIDENT  BUCKLEY:  My  friends,  there  is  perhaps  no  one 
more  interested  in  the  work  of  the  American  Mining  Congress  as  it 
affects  the  mining  industry  than  myself;  and  I  wish  further  to  say  that 
my  labors  in  the  interests  of  the  American  Mining  Congress  have  not 
been  finished  until  the  time  when  I  am  relieved  of  the  responsibility 
and  the  care  of  the  administration  of  the  affairs  of  this  organization. 
I  am  very  glad,  and  it  gratifies  me  very  much,  to  announce  that  Mr. 
John  Dern  has  been  elected  by  the  Board  of  Directors  as  my  successor. 
Mr.  Dern  has  been  a  very  able  and  efficient  member  of  the  Board  of 
Directors  for  a  longer  period  of  years  than  I  have  been  connected  with 
that  body,  and  it  is  an  honor  to  Mr.  Dern  to  be  selected  as  president  of 
this  organization,  it  is  an  honor  which  he  deserves,  and  I  assure  you 
that  he  will  do  everything  that  can  possibly  be  done  to  maintain  for 
this  organization  the  high  standard  which  we  have  attempted  to  attain 
during  the  last  few  years  of  our  history.  I  trust  that  every  member  of 
the  American  Mining  Congress  will  give  Mr.  Dern  his  heartiest  and 
his  most  enthusiastic  support.  I  still  retain  my  position  as  a  member 
of  the  Board  of  Directors,  and  in  that  capacity  may  be  able  to  assist 
the  Congress  in  the  conduct  of  the  official  business  of  the  organiza- 
tion, and  as  far  as  my  abilities  and  my  energies  are  concerned,  I  ex- 
pect to  continue  to  render  whatever  service  is  in  my  power  for  the  up- 
building of  the  mining  industry  of  this  country.  I  believe  firmly  that 
there  is  no  class  of  men,  that  there  is  no  industry  in  this  country  to- 
day, which  has  received  or  which  is  receiving  so  little  consideration 
and  so  little  regard  by  the  public  as  is  this  industry,  and  if  the  Amer- 
ican Mining  Congress  can  educate  the  people  of  this  country  to  respect 
mining  as  a  business  and  to  understand  the  important  part  which  it 
plays  in  our  industrial  and  commercial  life  I  think  it  will -have  rend- 
ered a  most  useful  service  to  this  country,  and  it  is  the  development 
of  the  country  at  large  that  we  are  seeking — an  honest,  just  and 
upright  development  of  the  country  at  large. 

Now,  gentlemen,  I  appreciate  the  courtesy  you  have  extended  to 
me  during  the  week.  I  have  never  presided  over  a  body  of  men 
where  such  uniform  courtesy  has  been  extended  the  presiding  officer, 
and  I  assure  you  it  is  a  source  of  very  great  satisfaction  to  me  to 
know  that  there  has  been  no  friction,  no  ill  feeling,  and  that  every- 
thing has  been  harmonious  throughout  the  sessions  of  this  organiza- 
tion in  Los  Angeles.  I  trust  that  we  will  all  meet  together  again  next 
year. 

GOVERNOR  GOSPER:    In  Arizona. 

PRESIDENT  BUCKLEY:  If  it  should  be  in  Arizona,  I  trust  you 
will  all  be  there.  If  it  should  be  in  Washington,  I  trust  you  will 
all  be  there.  If  it  should  be  in  Chicago.  I  trust  you  will  all  be  there. 
And  even  though  it  should  be  the  decision  of  the  Board  of  Directors 
to  meet  in  Alaska,  I  hope  you  will  all  take  the  steamboat 'trip  to  Alaska. 
And  let  me  tell  you  this,  members  of  the  American  Mining  Congress, 
that  you  can  depend  upon  it  that  the  Board  of  Directors  will  endeavor, 
as  far  as  their  abilities  may  aid  them,  to  select  that  place  for  the 
meeting  of  the  American  Mining  Congress  which  will  be  in  the  interest 
of  the  Congress  and  of  the  mining  industry  at  large.  (Applause.) 


AMERICAN  MINING  CONGRESS  167 

I  wish  again  to  thank  you  very  much  for  your  courtesies  during 
my  stay  in  this  city. 

MR.  DORSE Y:  Mr.  President,  there  is  another  officer  of  this 
organization  that  we  have  missed  from  the  platform  during  the  ses- 
sions of  this  Congress.  I  can  testify  to  the  earnestness  and  the  ability 
vith  which  he  has  served  us,  and  he  has  felt  keenly  his  inability  to 
be  here  and  take  part  in  these  proceedings.  I  refer  to  our  able  secre- 
tary, Mr.  Callbreath.  Some  of  you  may  not  know  that  he  has  had  a 
very  serious  affliction  of  his  eyes  and  he  cannot  bear  the  light.  Now, 
1  move  you,  Mr.  President,  that  a  vote  of  sympathy  be  extended  to  our 
worthy  secretary,  Mr.  Callbreath,  with  the  hope  and  wish  that  he 
may  soon  recover  the  use  of  his  eyes  and  his  health. 

The  motion  was  seconded  by  numerous  delegates,  and  carried 
unanimously. 

SECRETARY  NORMAN:  Mr.  Chairman  and  Gentlemen  of  the 
Convention:  I  am  very  glad  of  the  opportunity  to  thank  you  for  your 
kindly  resolution.  I  understand  why  the  vote  of  thanks  was  given  to 
me,  and  I  .appreciate  it  fully.  It  is  not  anything  I  may  have  done  in- 
dividually, I  know;  it  is  an  expression  from  you  that  the  Sierra  Madre 
Club  has  made  good,  and  that  is  about  as  big  a  reward  as  I  require  in 
work  of  this  kind.  I  think,  Mr.  Dorsey,  that  that  resolution  should 
have  included  the  name  of  the  one  man  who  has  made  the  Sierra 
Madre  Club  and  the  meeting  in  this  city  of  the  American  Mining  Con- 
gress possible.  (Applause.)  It  is  an  easy  matter  to  get  men  to 
work,  but  it  is  a  difficult  matter  to  find  a  man  who  has  both  the  money 
and  inclination  to  do  a  public  work  for  which  he  can  gain  absolutely 
no  return.  There  are  few  men  I  know  or  have  ever  known  who  will 
go  to  the  length  in  the  promotion  of  a  movement  for  the  public  good 
in  which  he  is  interested  that  Mr.  Montgomery  has  gone.  I  therefore 
think  that  resolution  should  have  included  his  name. 

A  DELEGATE:      I  move  that  it  be  included. 

CHAIRMAN  DORSEY:  Just  a  moment,  gentlemen.  Mr.  Norman 
forgets  what  we  did  here  yesterday  when  we  thanked  the  Sierra  Madre 
Club  and  Mr.  Montgomery  and  Mr.  Norman  by  name  in  a  resolution 
reported  by  the  Committee  on  Resolutions,  and  I  am  sure  there  is  no 
man  who  appreciates  more  than  I  do  what  Mr.  Montgomery  has  done. 
I  happen  to  be  on  the  inside,  and  I  know  how  his  influence  went,  and, 
what  is  more,  how  his  money  has  gone,  and  his  time,  his  trip  to  Wash- 
ington, and  all  those  things.  I  tell  you,  none  of  you  have  a  higher 
regard  for  Bob  Montgomery  than  the  "Old  Man"  has.  (Applause.) 

SECRETARY  NORMAN:  I  understand  that,  of  course,  Mr.  Dor- 
sey; but  I  wanted  to  have  an  opportunity  to  tell  you  who  is  responsible 
for  this  Convention.  And  while  I  am  here,  Mr.  President,  and  Ladies 
and  Gentlemen,  I  would  like  to  say  one  word:  For  the  past  six  days 
I  have  been  attending  ito  these  secretarial  duties  and  my  mind  and  my 
time  have  been  pretty  fully  occupied.  I  do  not  think,  though,  that  I 
should  permit  the  resolutions  that  were  adopted  on  the  subject  of  con- 
servation by  this  Congress  to  go  on  record  without  a  little  protest, 
because  I  was  unable  to  cast  my  vote.  I  do  not  think  that  those  reso- 
lutions have  been  broad  enough  to  express  the  big-heartedness  of  the 
Western  miner.  I  have  the  utmost  admiration  for  the  miner.  I 
stand  before  you  as  the  Secretary  of  the  Convention  and  the  editor 
of  a  mining  paper..  I  have  worked  under  ground  three  years  of  my 
life;  I  have  pushed  the  burro  across  the  desert;  I  have  prospected  in 
Death  Valley  and  in  Alaska  and  in  British  Columbia,  and  I  do  not 
think  there  is  a  man  on  earth  who  is  more  ready  to  do  something  for 
his  fellowmen  than  the  miner.  (Applause.)  You  are  told  that  op- 
portunities are  equal  in  the  United  States.  It  is  not  so.  You  know  and 
I  know  and  every  man  within  reach  of  my  voice  knows  that  opportun- 
ity is  not  equal.  Go  back  to  Pittsburg,  go  back  to  the  East  Side  of 


168  OFFICIAL  PROCEEDINGS 

New  York  City,  go  back  to  Cleveland  and  look  at  the  poverty  and  the 
misery  you  find  there.  Why  should  not  the  miner  of  the  West  be 
willing  to  give  up  a  little  of  what  God  gives  him  in  this  big,  broad 
country  for  the  help  of  his  fellow-men  in  the  East?  As  I  understand 
the  theory  of  conservation,  the  government  is  going  to  endeavor  to 
exact  from  the  man  who  has  the  opportunity  in  this  country  to  give 
up  a  little  something  for  the  lessening  of  taxation  in  the  East.  That 
is  my  idea  of  conservation,  and  I  do  not  understand  why  a  mining  or- 
ganization should  go  on  record  against  such  a  plan. 

I  have  heard  a  great  deal  said  about  the  prospector  during  this 
meeting.  I  have  been  a  prospector  myself,  and  I  do  not  believe  there 
is  any  man  on  earth  who  requires  less  sympathy  than  the  prospector 
of  the  West  who  does  nothing  all  day  but  inhale  the  good,  fresh,  God's 
own  air,  and  against  his  condition  I  consider  that  the  poor  fellow  back 
East  who  is  inhaling  a  fetid  atmosphere  throughout  his  life  as  im- 
measurably inferior,  and  I  want  to  go  on  record  as  being  willing  to  help 
that  man  back  East.  (Applause.) 

MR.  STEIN:  Mr.  President,  I  have  a  resolution  I  would  like 
to  offer  by  consent  of  the  Congress. 

PRESIDENT  BUCKLEY:  The  Secretary  will  read  the  resolu- 
tion. 

Resolution  No.  41. 

Resolved,  That  the  sincere  thanks  of  the  American  Mining  Con- 
gress is  hereby  extended  to  the  Honorable  Gifford  Pinchot  for  his 
masterly  address  before  this  body,  exemplifying  the  principles  of  con- 
servation; and 

Be  It  Further  Resolved,  That  whatever  difference  of  opinion  may 
exist  in  regard  to  methods,  this  Congress  is  unequivocally  in  favor  of 
the  conservation  of  our  remaining  natural  resources. 

MR.  STEIN:      Mr.  President,  I  move  that  the  rules  be  suspended 
and  that  that  resolution  be  passed. 
The  motion  was  seconded. 

PRESIDENT  BUCKLEY:  The  motion  is  made  and  seconded  that 
the  rules  of  this  Congress  be  suspended  and  that  we  take  up  the  con- 
sideration of  this  resolution  at  this  time.  Are  you  ready  for  the 
question? 

GENERAL  SAMPSON:  Mr.  President,  it  occurs  to  me  we  had 
better  not  commence  that.  Mr.  Potter  and  other  gentlemen  have 
delivered  magnificent  addresses  before  this  body — 

PRESIDENT  BUCKLEY:  A  motion  for  the  suspension  of  the 
rules  is  not  permissible. 

MR.  MENDELS,  of  New  York:   Mr.  President,  I  move,  as  a  sub- 
stitute, that  this  resolution  be  laid  on  the  table. 
The  motion  was  seconded. 

PRESIDENT  BUCKLEY:  The  motion  is  made  and  seconded  that 
this  resolution  be  laid  on  the  table.  Are  you  ready  for  the  question? 

All  those  in  favor  of  the  motion  will  signify  by  saying  aye;  con- 
trary no.  The  chair  is  unable  to  decide.  All  those  in  favor  of  this 
motion  will  signify  by  rising;  those  of  the  contrary  opinion  rise. 

The  result  was  26  in  favor;   12  against. 

PRESIDENT  BUCKLEY:  The  motion  to  lay  the  resolution  on  the 
table  is  carried. 

PRESIDENT  BUCKLEY:  Members  of  the  American  Mining  Con- 
gress: I  took  half  a  day's  absence  from  the  Congress  yesterday,  and 
was  not  here  when  the  resolutions  of  thanks  were  passed,  and  I  had 


AMERICAN  MINING  CONGRESS  169 

supposed  this  morning  that  all  resolutions  of  thanks  necessary  and 
needful  in  connection  with  this  organization  had  been  passed  until  a 
motion  was  made  by  Colonel  Dorsey  this  morning  thanking  the  officers 
of  the  Congress  for  their  efficient  services.  I  have  served  on  the 
Board  of  Directors  with  one  gentleman  for  a  number  of  years.  The 
gentleman  to  whom  I  refer  has  perhaps  not  occupied  any  office  in  the 
Congfess,  any  conspicuous  office  at  least,  or  any  office  which  might 
bring  him  before  the  Congress  and  before  the  public  at  large,  but  you 
know  as  well  as  I  do  that  it  is  not  always  the  men  who  are  conspicuous 
the  men  who  are  in  the  public  eye,  who  render  the  greatest  service 
to  the  people.  It  is  very  frequently  the  men  who  stand  behind  the 
scenes  and  do  the  work.  Now,  next  year  will  be  the  first  year  for  at 
least  six  or  seven  years  that  Colonel  Dorsey  will  not  be  a  member  of 
the  Board  of  Directors  of  the  American  Mining  Congress.  I  have 
known  Colonel  Dorsey  intimately,  and  I  know  that  Colonel  Dorsey's 
heart  and  soul  have  been  wrapped  up  in  the  work  of  this  organiza- 
tion, I  know  that  he  only  gave  up  his  position  as  a  member  of  the 
Board  of  Directors  because  he  thought  it  was  wise  that  some  new  man 
should  be  placed  upon  the  Board,  that  we  should  have  the  benefit  of 
some  new  blood  in  the  administration  of  this  organization;  and  while 
Colonel  Dorsey  will  not,  during  the  next  year,  be  a  member  of  the 
Board  of  Directors,  we  who  know  him  will  understand  that  he  will  at 
all  times  hold  himself  subject  to  the  commands  of  the  President  and 
of  the  Board  of  Directors  and  of  the  members  of  the  American  Min- 
ing Congress.  We  know  that  he  will  render  service  to  this  organiza- 
tion and  to  the  mining  industry  wherever  opportunity  may  present 
itself,  and  I  wish  at  this  time  that  this  Congress  would  express  to  Col- 
onel Dorsey  its  appreciation  of  the  labors  which  he  has  performed  in 
behalf  of  this  organization  and  in  behalf  of  the  mining  industry. 

GENERAL  SAMPSON:  Mr.  President,  I  move  that  a  vote  of 
thanks  be  extended  to  Colonel  Dorsey  for  his  proficient  service  to  this 
Congress. 

The  motion  was  seconded  and  carried  unanimously. 

MR.  DORSEY:  Mr.  President,  I  will  confess  that  there  is  no  or- 
ganization with  which  I  am  connected  for  which  I  am  willing  to  labor 
more  sacrificingly  than  for  the  American  Mining  Congress.  I  helped  to 
organize  this  Congress  in  Denver  fourteen  years  ago.  We  rounded  up 
quite  .a  delegation  from  the  state  of  Utah,  and  went  over  in  force. 
We  had  some  good  Mormon  friends,  like  George  Hugh  Cannon,  who 
was  afterward  First  Councillor  of  the  Mormon  church,  Uucle  Jesse 
Knight,  who  is  known  to  fame  now  since  I  sold  him  the  Claremont, 
out  of  which  he  has  taken  many  millions  of  dollars —  and  out  of  which 
I  got  but  a  few  thousand — and  others,  and  there  we  commenced  work 
as  the  International  Gold  Mining  Congress,  and  we  changed  it  after- 
wards to  the  American  Mining  Congress.  I  was  on  the  Committee 
on  Resolutions  of  that  Congress,  and  I  will  give  you  a  little  inside  his- 
tory. Senator  Patterson — since  elected  to  the  United  States  Senate — 
and  Governor  Charles  S.  Thomas  of  Colorado  and  other  prominent 
men  were  on  the  Committee  on  Resolutions  with  me — or  I  was  with 
them  rather — and  when  the  resolution  asking  for  a  department  of 
mines  was  referred  to  our  committee,  I  at  once  told  them,  having  had 
some  experience  in  Washington,  how  departments  were  created,  and 
up  to  a  few  weeks  ago  the  mining  department  was  simply  a  division  in 
the  Department  of  the  Interior  with  an  $1,800  a  year  clerk  at  the  head 
of  it.  Now,  said  I,  to  jump  from  that  to  a  department  with  a  cabinet 
officer  at  its  head  would  be  absolutely  impossible,  and  I  recommended 
to  the  Committee,  and  so  did  Governor  Thomas  and  others,  that  they 
ask  them  for  a  Bureau  of  Mines.  So  in  our  resolution  we  struck  out 
the  phrase  a  "Department  of  Mines,"  and  substituted  a  recommendation 
to  that  great  Convention — I  think  there  were  a  thousand  delegates 
present — for  a  "Bureau  of  Mines."  Well,  virtually  that  Resolutions 
Committee  was  thrown  right  over  the  transom.  They  said,  "A  De- 


170  OFFICIAL  PROCEEDINGS 

partment  or  nothing!  Look  what  an  industry  we  have!  We  must 
"have  a  department  and  we  are  going  to  have  it."  Well,  all  right,  we 
accepted  that  situation.  That  foolishness  continued  for  a  number  of 
years  until  again  at  Portland,  with  Dr.  Banning  on  the  Resolutions 
Committee  we  tried  to  amend  and  ask  for  a  Bureau.  I  felt  all  those 
years  that  we  could  get  a  Bureau,  but  that  we  could  not  get  a  depart- 
ment, and  that  it  was  useless  to  ask  for  it.  Finally  this  Congress, 
through  the  influence  of  my  good  friend  Dr.  Buckley  and  Judge  Rich- 
ards and  Colonel  Thomas  Ewing  and  others  finally  asked  for  a  Bur- 
eau, and  we  have  the  Bureau,  and  we  have  the  best  man  in  the  United 
States  for  the  position  at  the  head  of  it.  I  say  this  to  show  you  that  it 
is  not  good  policy  to  asy  for  too  much  at  once,  but  to  build  up  grad- 
ually. Well,  the  Congress  now  has  a  Bureau  of  Mines,  and  in  time 
we  will  have  a  Department  of  Mines.  It  may  not  be  within  five  years 
or  ten  years,  but  we  must  grow  to  that,  and  Dr.  Holmes  will  make 
such  an  efficient  chief  or  director  of  the  Bureau  of  Mines  that  there 
is  no  question  but  what  he  will  attract  the  attention  of  the  country. 
Men  of  the  East  will  say,  "Why,  there  is  something  in  this,"  they  will 
take  notice,  and  in  time  we  will  have  a  Department  of  Mines,  and  I 
propose  working  to  that  end  as  long  as  I  have  the  life  and  strength 
to  do  it. 

Now,  those  were  very  nice  things  Dr.  Buckley  said  about  me.  I 
appreciate  very  highly  what  he  has  said.  It  is  good  to  be  commended 
by  ones  associates.  We  have  been  intimately  associated  together  in 
this  work  for  many,  many  years.  We  have  done  much  arduous  work, 
and  I  will  say  this,  gentlemen,  that  we  have  paid  our  own  expenses, 
and  I  have  been  in  the  past  always  ready  to  respond  to  the  call  of  the 
officers.  I  have  made  a  trip  to  Washington  and  spent  two  weeks 
there,  and  before  I  left  the  Committee  on  Mines  and  Mining  of  the 
House  of  Representatives,  which  contained  half  a  dozen  good  personal 
friends  of  mine  with  whom  I  had  served,  had  reported  the  bill  that 
Secretary  Callbreath  and  myself  had  agreed  upon — from  the  number 
of  bills  presented  we  agreed  upon  the  present  law,  I  secured  the 
consent  of  Speaker  Cannon,  Mr.  Sherman,  Vice  President  of  the 
United  States,  who  was  on  the  Committee  on  Rules,  and  Mr.  John 
Dalzell  from  Pennsylvania,  those  three  members  of  the  Committee  on 
Rules,  that  a  day  would  be  fixed,  and  that  the  Committee  on  Mines 
and  Mining  should  have  that  day,  and  that  the  bill  reported  should 
be  passed.  Then  my  responsibility  ended  and  I  came  home,  and  we 
now  have  the  Bureau,  and  there  is  a  bright  future  for  it,  and  I  want 
to  say  to  every  mining  man  here,  don't  hesitate  to  write  to  Dr.  Holmes, 
the  Director  of  the  Bureau  of  Mines,  regarding  any  subject;  he  will  be 
glad  to  hear  from  you  and  you  can  do  him  and  do  the  cause  much  good 
if  you  will  do  that.  Now.  let  us  work  together  and  wherever  we  go 
next  year,  let  us  all  be  there  and  make  a  record  for  ourselves  and 
for  the  Mining  Congress. 

Gentlemen,  I  thank  you  for  the  unexpected  courtesy  and  compli- 
ment you  have  paid  me,  and  wish  you  all  a  safe  return  to  your  homes, 
and  a  prosperous  year.  (Applause.) 

PRESIDENT  BUCKLEY:  I  wish  to  announce  that  the  address 
by  S.  E.  Bretherton  on  "Hints  to  Ore  Shippers"  will  be  read  by  title; 
likewise  the  report  on  "Coal  Tax  Insurance  Fund"  by  John  H.  Jones. 
I  desire  to  make  this  announcement  so  that  they  will  be  a  matter  of 
record  in  the  proceedings. 

I  wish  also  to  announce  that  this  specimen  of  zinc  ore  which  was 
so  kindly  presented  to  me  by  my  friends  from  Good  Springs  must  of 
necessity  remain  in  the  City  of  Los  Angeles,  as  I  find  that  my  trunk 
is  too  small  to  carry  it,  and  I  am  afraid  that  it  will  be  almost  impos- 
sible for  me  to  arrange  to  ship  it  East,  much  as  I  would  like  to  have 
it.  I  am  presenting  this  specimen,  Colonel  Dorsey,  to  the  Chamber 
of  Mines  and  Oils,  with  the  understanding  that  they  shall  place  it  on 
exhibition  as  a  memento  of  this  occasion,  the  Thirteenth  Annual  Ses- 
sion of  the  American  Mining  Congress.  I  expect  to  take  with  me  the 


AMERICAN  MINING  CONGRESS  1?1 

little  gavel,  and  I  shall  always  keep  that  as  my  momento  of  this  oc- 
casion. 

GOVERNOR  GOSPER:  I  wish  to  ask  if  the  report  of  these  pro- 
ceedings that  will  be  printed  will  be  sent  to  each  of  the  delegates. 

PRESIDENT  BUCKLEY:  A  copy  of  the  proceedings  of  this 
Congress  is  to  be  sent  to  each  delegate  and  member,  and  that  includes 
the  reports  of  all  committees  and  includes  the  discussions  which  have 
been  held  on  the  floor  of  this  house. 

The  Thirteenth  Annual  session  of  the  American  Mining  Congress 
thereupon  adjourned  sine  die. 


RESOLUTIONS 

Adopted  by  the  American  Mining  Congress  at  Its  Thirteenth 

Annual  Session,  Held  at  Los  Angeles,  California, 

September  26  to  October  1,  inclusive,  1910. 


Resolution   No.   1. 

(Introduced  by  S.  W.  Mudd.) 

Resolved,  That  we  endorse  the  policy  of  the  officers  of  the  United 
States  Bureau  of  Mines  in  making  their  first  concern  the  increase  of 
safety  in  mining,  and  we  request  the  extension  of  this  work  to  cover 
metal  mines  as  well  as  collieries;  to  that  end  we  urge  that  rules  and 
regulations  for  working  mines  be  formulated  in  co-operation  with 
working  miners  and  mine  operators,  for  guidance  of  Federal  inspectors 
in  the  Territories,  and  to  serve  as  a  model  for  enactment  by  the  States. 


Resolution  No.  2. 

(Introduced  by  S.  W.  Mudd.) 

Whereas,  Excellent  results  have  followed  the  laboratory  studies 
of  the  Technologic  Division  of  the  United  States  Geological  Survey, 

Be  It  Resolved,  That,  We  deem  it  of  first  importance  that  the 
United  States  Bureau  of  Mines  establish  a  well  equipped  chemico- 
physical  laboratory  which  shall  be  reserved  exclusively  for  generic  and 
fundamental  problems,  the  solution  of  which  will  be  of  service  to  the 
entire  industry — such  as  the  safe  and  economical  use  of  explosives, 
safe  use  of  electricity  in  mines;  the  scientific  study  of  the  obscure 
chemical  and  physical  problems  that  underlie  important  metallurgical 
processes — but  that  any  commercial  or  private  work  in  this  laboratory 
be  absolutely  prohibited. 


Resolution   No.   3. 

(Introduced  by  S.  W.  Mudd.) 

Resolved,  That  we  recommend  that  the  United  States  Bureau  of 
Mines  make  special  efforts  to  continually  collate  the  complete  and  in- 
complete results  of  all  workers  along  lines  related  to  mining  and 
metallurgy,  particularly  on  broad  and  generic  problems — as  for  ex- 
ample the  abatement  of  damage  from  smelter  fumes — and  to  publish 
these  from  time  to  time. 


Resolution  No.  4. 
As  Amended  by  the  Resolutions  Committee. 

(Introduced  by  S.  W.  Mudd.) 

Resolved,  That  we  recommend  that  the  Bureau  of  Mines  draft  a 
form  of  annual  report  from  directors  of  mining  and  oil  corporations, 
for  publication,  that  will  enable  the  stockholders  to  form  an  intelli- 
gent idea  of  their  property. 


174  OFFICIAL  PROCEEDINGS 

Resolution  No.  5. 

(Introduced  by  S.  W.  Mudd.) 

Resolved,  That  we  especially  urge  that  reports  of  all  investiga- 
tions by  the  United  States  Bureau  of  Mines  be  given  prompt  publica- 
tion and  distribution. 


Resolution  No.  6. 

(Introduced  by  S.  W.  Mudd.) 

Resolved,  That  we  urge  that  examination  of  all  lands  claimed  as 
mineral  in  the  National  Forests  be  made  by  experts  detailed  for  that 
service  from  the  United  States  Geological  Survey  or  the  United  States 
Bureau  of  Mines,  whichever  may  prove  the  more  feasible,  to  the  end 
that  bona  fide  locators  be  protected  in  their  rights  and  prompt  decision 
be  rendered  in  contests. 


Resolution  No.   7. 
As  Amended  by  the  Resolutions  Committee. 

(Introduced  by  David  Ross.) 

Resolved,  That  the  American  Mining  Congress  respectfully  recom- 
mends to  the  Congress  of  the  United  States  that  through  its  Bureau  of 
Mines  it  secure  and  cause  to  be  issued  statistics  and  data  having  ref- 
erence to  the  progress  made  by  the  governments  of  other  countries  in 
the  adjustment  and  methods  of  payment  of  damages  caused  by  mining 
casualities; 

Resolved  Further,  That  this  Congress  heartily  approves  and  recom- 
mends proper  legislation  which  will  enable  the  injured  parties,  or  their 
legal  representatives,  to  secure  promptly  such  full  and  complete  dam- 
ages as  may  be  just  in  the  premises  and  to  which  they  may  be  en- 
titled without  unnecessary  delays  by  litigation. 


Resolution  No.  9. 

(Introduced  by  George  W.  Parsons.) 

Resolved,  That  we  approve  and  urge  the  continuation  of  the  wise 
policies  of  the  state  and  counties  in  saving  life  and  preventing  suffering 
in  the  arid  regions  by  providing  desert  wells  and  water-saving  de- 
vices; by  erecting  permanent  guide  posts  directing  to  water,  with 
severe  penalties  provided  for  their  removal  or  defacement;  and  by 
protecting  springs,  wells  and  water  holes  from  contamination  under 
heavy  penalties, 

And  that  we  recommend  the  cooperation  of  the  Bureau  of  Mines 
in  locating  and  maintaining  these  water  sources  and  in  disseminating 
accurate  information  concerning  them,  through  maps,  reports,  and  we 
lurther  recommend  Congressional  action  in  the  matter. 


Conservation   Resolutions. 

(The  following  resolutions  were  drawn  by  the  Resolutions  Com- 
mittee and  adopted  by  the  Congress,  in  which  are  embodied  the  es- 
sential portions  of  Resolutions  Nos.  10,  11,  12,  13,  16,  22,  24  and  25.) 

SECTION  A. 

Resolved,  That,  in  common  with  citizens  of  the  United  States  en- 
gaged in  other  industries,  we  approve  the  theory  and  practice  of  true 


AMERICAN  MINING  CONGRESS  175 

conservation,  which  means  utilizing  and  developing  with  the  least  pos- 
sible waste,  the  natural  resources  of  our  country. 

We  recognize,  as  men  engaged  in  one  of  the  most  important  in- 
dustries of  our  country  the  value  of  true  conservation  and  its  intimate 
relations  to  the  mining  interests  and  recommend  the  enactment  of  such 
legislation,  both  state  and  national,  as  will  bring  about  a  beneficial  de- 
velopment of  the  mines,  the  public  lands,  the  public  water  rights,  and 
the  timber  contained  within  our  great  western  country  for  the  best  in- 
terests of  the  present  and  future  generations  without  unnecessary 
waste. 

We  condemn,  however,  as  unwise,  as  opposed  to  the  best  interests 
of-  the  American  people,  and  as  wholly  unnecessary  to  the  success  of 
any  plan  of  true  conservation,  legislation  or  proposed  legislation  which 
tends  to  make  the  miners  and  other  citizens  of  the  public  land  states 
who  invest  their  time,  labor  and  capital  in  the  development  of  the  na- 
tural resources  contained  within  such  states,  lessees  of,  or  tribute  pay- 
ers to  the  national  government. 

We  believe  that  every  legitimate  means  should  be  adopted  in  the 
control  of  public  lands  to  eradicate  or  lessen  the  evils  of  monopoly, 
but  fail  to  find  in  any  of  the  remedies  suggested  by  the  advocates  of 
the  leasing  system  how  this  can  be  accomplished  by  changing  the  pres- 
ent laws  so  as  to  take  from  the  citizen  a  clear  title  and  substitute  there- 
for a  lease. 

SECTION  B. 

Whereas,  The  laws  relating  to  Forest  Reserves  provide  that  nothing 
therein  contained  shall  prohibit  any  person  from  entering  upon  such 
forest  reservations  for  all  proper  and  lawful  purposes,  including  that 
of  prospecting,  locating,  and  developing  the  mineral  resources  there- 
of, and 

Whereas,  Reports  have  been  made  from  time  to  time  to  this  Con- 
gress, that  in  the  administration  of  the  rules  and  regulations  of  the 
Forest  Service  in  many  instances,  mining  and  prospecting  has  been  dis- 
couraged within  the  Forest  Reserves,  and  miners  and  prospectors  have 
been  hampered  and  interfered  with  in  the  exercise  of  their  lawful  vo- 
cation, and 

Whereas,  Assurances  have  been  made  to  this  Congress  by  repre- 
sentatives of  the  Forest  Service  that  in  their  administration  of  the  laws 
relating  to  the  public  lands  under  their  jurisdiction  they  will  in  no 
manner  discriminate  against  or  interfere  with  the  legal  rights  of  pros- 
pectors and  miners,  but  will  aid  and  assist  them  in  the  development  of 
the  mineral  resources  within  the  Forest  Reserves. 

Therefore,  Resolved,  That  in  reaffirming  the  right  of  every  pros- 
pector who  is  a  citizen  of  the  United  States,  or  who  has  declared  his 
intentions  of  becoming  such  to  enter  upon  and  prospect  every  part  of 
the  public  domain,  we  suggest  and  recommend  a  spirit  of  greater  har- 
mony and  co-operation  between  the  prospector  and  miner  upon  one 
side,  and  the  officials  of  the  Government  on  the  other. 

We  further  recommend  that  the  laws  relating  to  the  public  do- 
main and  particularly  that  part  of  the  public  domain  lying  within  the 
Forest  Reservations,  be  administered  without  burdensome  and  dis- 
couraging departmental  rules  and  regulations,  and  in  such  a  manner  as 
to  foster  and  encourage  the  mining  industry. 

We  condemn  the  actions  of  any  class  of  citizens  who  go  upon  the 
forest  reserves,  or  other  public  lands,  for  the  purpose  of  locating  ficti- 
tious mining  claims  in  order  to  obtain  the  timber  contained  there- 
on, but  we  ask  Congress  to  protect  the  miner  and  prospector  in  the  de- 
velopment of  the  mineral  resources,  by  the  enactment  and  enforcement 
of  such  laws  as  will  give  them  the  right  to  use  such  timber  and  other 
products  of  the  soil  from  the  public  domain  as  may  be  necessary  in 
the  proper  development  of  their  mines. 


176  OFFICIAL  PROCEEDINGS 

SECTION  C. 

Resolved,  That,  recognizing  that  the  right  to  appropriate  to  a 
beneficial  use,  waters  upon  the  public  lands,  is  fully  recognized  by 
Congress  and  the  Courts  to  be  wholly  governed  by  the  laws  of  the 
state  wherein  such  waters  are  located,  and  that  the  development  of 
mines  and  the  mining  industry  in  many  sections  of  our  country  is 
largely  dependent  upon  the  use  of  water  power,  and  that  there  are 
large  amounts  of  undeveloped  water  power  now  running  to  waste  on 
the  public  domain  which  in  the  interest  of  true  conservation  should  be 
utilized  and  put  to  a  beneficial  use,  and 

Recognizing  further,  that  the  National  Government  is  the  owner 
of  large  quantities  of  lands  bordering  upon  and  adjacent  to  streams 
the  waters  of  which  belong  to  and  are  under  the  control  of  the  states, 
and  that  by  reason  of  such  diversity  of  ownership  and  the  different 
constructions  placed  upon  existing  laws  relating  thereto,  water  power 
development  in  the  West  has  practically  ceased,  and 

Recognizing  further,  the  great  expense  necessarily  incurred  in  the 
construction  of  water  power  plants  in  the  mining  regions,  which  involves 
in  most  cases  an  expenditure  of  several  million  dollars;  the  uncertain 
markets  for  power  presented  by  the  mining  districts,  and  the  great 
benefits  derived  by  the  mining  industry  by  the  construction  of  such 
plants, 

We  therefore  recommend,  that  laws  be  speedily  enacted  which 
shall  definitely  and  accurately  define  the  rights  of  citizens  to  utilize  and 
put  to  a  .beneficial  use  the  waters  of  the  streams  and  the  rights-of-way 
on  public  lands  adjacent  thereto  for  water  power  purposes,  and  that 
such  laws  provide  for  the  concurrent  use  of  the  rights  of  way  so  long 
as  the  water  rights  are  put  to  a  beneficial  use  under  the  laws  of  the 
state,  or  for  a  sufficient  length  of  time  to  enable  those  who  engage  in 
their  development  to  secure  a  reasonable  return  upon  their  investment. 

We  believe  -  and  therefore  recommend,  that  for  the  purpose  of 
harmonizing  all  interests  and  bringing  about  a  proper  development  of 
water  power  freed  from  monopolistic  influences,  all  water  power  sites 
upon  the  public  domain  should  be  under  the  control  and  supervision  of 
the  respective  states,  wherein  said  sites  are  located. 

SECTION   D. 

Resolved,  That  this  Congress  believes  that  the  best  interests  of 
all  the  people  will  be  conserved  by  state  regulation  and  control  of  all 
natural  resources  within  the  boundaries  of  each  and  every  state,  in 
the  very  largest  measure  compatible  with  present  Federal  statutes. 

SECTION   E. 

Resolved,  That  any  conservation  policy  which  places  obstacles  or 
restrictions  in  the  way  of  the  free  and  unrestricted  prospecting  and 
location  of  metalliferous  mineral  lands,  or  which  favors  any  lease  or 
royalty  upon  the  future  tenure  and  production 'of.  such  locations,  is 
inimical  to  the  development  of  our  country's  resources,  represents  a 
step  backward,  and  strikes  directly  at  the  welfare  and  prosperity  of 
the  entire  mining  industry. 

Resolved  Further,  That  we  endorse  the  work  of  the  Forest  Service 
in  its  efforts  to  preserve  and  maintain  a  rational  consumption  of  the 
Nation's  timber  resources,  but  we  are  unqualifiedly  opposed  to  any  and 
all  withdrawals  of  metalliferous  mineral  lands  from  public  entry,  and 
to  any  legislation  which  will  in  any  way  interfere  with  the  free  pros- 
pecting, location  of  or  production  from  mining  claims. 


AMERICAN  MINING  CONGRESS 


177 


when    dated,    when    due 


Resolution  No.  15. 

(Introduced  by  E.  S.  Mendels.) 

Whereas,  -In  view  of  the  many  attempts  that  are  made  to  float 
securities  of  mines,  oils  and  other  industrial  corporations  on  the  unsus- 
pecting public,  which  are  classed  as  wild  cats,  fakes  and  swindles, 

Be  It  Resolved,  That  it  is  the  sense  of  this  Congress  that  the  fol- 
lowing requirements  for  public  information  should  be  made  and  filed 
with  the  proper  county  or  state  authorities,  such  place  of  filing  to  be 
stated,  in  all  cases  where  circulars  or  other  matter  relating  to  all 
companies  who  desire  capital  for  the  furtherance  of  their  enterprise, 
are  issued. 

1st.      Title   (in  full). 

2nd.     Location. 

3rd.      Product  of  Company. 

4th.      When  and  where  incorporated. 

5th.      General  office  located. 

6th.      Transfer  agency,  where  situated. 

7th.      Registrar  of  stock   (must  be  corporation)   where  situated. 

8th.      Stock,  common  shares  authorized. 

9th.     Par  value  of  same. 

10th.      Stock,  common  shares  outstanding. 

llth.      Shares  in  treasury. 

12th..      Stock,  preferred  shares  authorized. 

13th.     Par  value  of  same. 

14th.      Stock,  preferred  shares  outstanding. 

15th.      Shares  in  treasury. 

16th.  Dividends,  rate,  when  declared,  where  payable,  and  last 
dividend  paid  and  amount. 

17th.      Bonds,    state    class    of    mortgage, 
and  interest  rate,  when  and  where  payable. 

18th.     Bonds,  total  issue  authorized. 

19th.      Bonds,  amount  issued. 

20th.      Names    of    officers    and    directors, 
references  of  each. 

21st.  Numbers  and  denominations  of  stocks  or  bonds  on  which 
transfer  has  been  stopped  and  the  cause  therefor. 

22nd.  Statements  of  assets  and  liabilities,  earnings  and  expenses, 
signed  by  an  officer  of  the  company,  with  seal  attached,  and  sworn  to 
before  a  proper  court  officer  or  notary  public. 

23rd.     Engineer's  report.     Certified  and  sworn  to. 

24th.      Certified  copy  of  the  charter. 

25th.      Maps  of  the  property. 

26th.     All  matter  printed  or  otherwise  relating  thereto. 

27th.      Certified  copy  of  the  leases. 

28th.      Confirmation  of  the  titles,  etc.,  certified. 

29th.      Balance  sheet.    From  19 to  19 

ASSETS: 
Cash  on  hand. 
Cash  in  bank. 
Accounts  receivable. 
Ore  and  bullion. 

With  smelters  and  bullion  dealers. 
Concentrates  ready  for  shipment. 
Bullion  in  vault  ready  for  shipment. 
Ore  on  dump  and  ore  broken  in  mine,  total. 
Stores  and  supplies. 
Plant,  tools  and  equipment. 
Mining  rights,  property,  etc. 
Total. 
Grand  total. 


address    and    personal 


178  OFFICIAL  PROCEEDINGS 

LIABILITIES: 
Unpaid  interest. 
Unpaid  dividends. 
Notes  and  accounts  payable. 
Trade  creditors  and  miscellaneous. 
Officers  of  the  company. 
Employees,  for  wages. 

Reserve  for  transportation  and  treatment. 
Surplus. 

Capital  and  surplus. 
Capital,  common,  preferred. 
Par  value  shares,  common,  in  treasury. 
Par  value  shares,  preferred,  in  treasury. 
Dividends,  rate,  when  and  where  payable. 
Date  of  last  dividend  paid. 
Bonds  (State  first  mortgage  or  otherwise.) 

Bonds  $ outstanding. 

Bonds  $ in  treasury. 

Bonds,  denomination   (if  coupon  or  registered.) 

Bonds,  when  dated;  when  due. 

Bonds,  interest,  when  and  where  payable. 

NOTES    FOR    GENERAL    INFORMATION. 

Dated  at 19 Treasurer. 

30th.    Statement  of  earnings  and  expenses,  19__  to  19  — 

EARNINGS. 

Income  from  operation.      $ 
Ore  sales. 
Bullion  sales. 
Ground  rent. 
House  rent. 
Interest  on  deposits. 
Other  incomes. 
Gross  total  income. 

EXPENSES. 
Expenses  of  operation. 
Mining. 
Milling. 

Written  off  book  inventory. 
Installation  and  repairs. 
Depreciation. 
Plant  discarded. 
Boarding  house. 
Expense  of  administration. 
Surplus,  $ 

NOTES  FOR  GENERAL  INFORMATION. 
Dated  at  19__.  Treasurer. 

In  case  of  companies  other  than  mining  similar  statements  of  facts 
should  be  made  on  the  same  class  of  forms  as  adapted  to  the  particular 
class  of  such  corporation. 

Resolved,  That  officials  of  companies,  promoters,  engineers,  bank- 
ers or  brokers  and  newspapers,  making  mis-statements  of  facts  be  re- 
ported to  the  Federal  or  State  authorities  for  criminal  action  and  that 
the  use  of  the  mails  be  refused  and  fraud  orders  issued  for  the  pro- 
tection of  the  public. 


AMERICAN  MINING  CONGRESS  1?9 

Resolution  No.  17. 

(Introduced  by  T.  C.  Becker.) 

Whereas,  It  is  well  known  that  it  is  the  uniform  practice  of  the 
Railroad  Companies  to  fix  their  rates  and  charges  for  transporting 
ores  on  the  basis  of  "what  they  believe  the  traffic  will  bear,"  and  not 
as  just  and  reasonable  compensation  fixed  on  the  basis  of  the  cost  of 
carrying  the  ores  or  the  risk  in  carrying  the  same; 

And  Whereas,  It  is  manifest,  because  of  the  weight  of  ore  bearing 
rock  carried  in  porportion  to  the  value  of  the  ore  which  can  be  ex- 
tracted therefrom,  that,  except  in  the  case  of  ores  or  concentrates  which 
carry  enormously  high  values  per  ton,  there  is  no  greater  cost  of  trans- 
portation or  risk  of  loss  in  carrying  ore  bearing  rock  which  produces 
at  the  smelters  $100.00  per  ton,  than  rock  which  produces  $10.00  per 
ton,  while  the  railroad  companies  charge  many  times  as  much  for  carry- 
ing the  former  as  for  carrying  the  latter; 

And  Whereas,  The  Congress  of  the  United  States  has  recently 
amended  the  Interstate  Commerce  Act  so  as  to  confer  greater  power 
and  authority  upon  the  Interstate  Commerce  Commission  than  it  has 
heretofore  had,  to  investigate  as  to  all  railroad  rates  and  to  fix  and 
regulate  the  same  so  that  they  shall  be  just  and  reasonable  both  to 
the  common  carrier  and  to  the  public,  and  the  legislatures  of  various 
states  have  adopted,  or  will  soon  adopt,  laws  fixing  maximum  rates  to 
be  charged  for  carrying  interstate  freight  and  empowering  their  State 
Railroad  Commissioners  to  investigate,  fix  and  regulate  such  freight 
rates ; 

Therefore,  Be  it  resolved  that  a  special  committee  of  three  members 
of  this.  Congress  be  appointed  by  the  President  thereof  to  investigate 
the  matter  of  the  rates  charged  by  the  railroad  companies  for  carrying 
rock  bearing  gold,  silver  and  other  ores  which  are  usually  necessarily 
transported  from  the  mines  to  the  smelters  for  extracting  the  precious 
metals  therefrom,  and  that  this  committee  be  given  full  power  to  em- 
ploy with  the  advice  and  consent  of  the  Directors  of  the  American  Min- 
ing Congress,  expert  assistants  and  legal  counsel  and  to  take  such  pro- 
ceedings as  it  may  deem  advisable  to  present  the  matter  of  the  rail- 
road freight  rates  on  such  ores  to  the  United  States  Interstate  Com- 
merce Commission  and  to  such  State  Railroad  Commission  or  other 
authorities  as  they  may  deem  proper,  and  endeavor  to  procure  so  far 
as  practicable,  reasonable  and  just  railroad  freight  rates  and  charges 
for  transporting  such  ores. 

Resolution  No.  20. 

(Introduced  by  E.  A.  Montgomery.) 

Whereas,  Numbers  of  men  engaged  in  metal  mining  are  likewise 
financially  interested  in  oil  production,  and 

Whereas,  The  miners  of  metalliferous  ores  are  in  entire  sympathy 
with  oil  producers,  and  precisely  similar  conditions  are  to  be  found  in 
lands  underneath  which  are  precious  metals  and  oils,  and 

Whereas,  The  present  mineral  land  laws  are,  in  many  instances, 
totally  inadequate  to  safeguard  the  rights  of  bona  fide  locators  and 
miners  of  oil  and  metals,  and  it  is  proposed  by  interested  parties  to 
enact  so-called  conservation  laws  which  may  further  imperil  already 
established  interests  and  retard  the  development  of  rich  mineral  ter- 
ritory, 

Now,, Therefore  Be  It  Resolved: 

1.  That  we  express  our  sympathy  with  the  miners  of  oil,  and 
tender  them  our  hearty  co-operation  in  any  effort  to  bring  about  the 
enactment  of  laws  which  shall  safeguard  their  rights  and  advance  the 
interests  of  their  business. 

2.  That,  Believing  there  are  many  miners  of  precious  metals  not 
now  interested  in  oil  development,  who,  nevertheless,  desire  to  make 


180  OFFICIAL  PROCEEDINGS 

investments  in  oil,  we  request  the  reciprocal  assistance  of  the  oil  men 
in  our  effort  to  prevent  detrimental  legislation  and  to  secure  such  legis- 
lation as  the  conditions  of  the  mining  industry  indicate  are  imperatively 
necessary.  We  further  declare  that,  in  our  judgment,  it  is  impossible  to 
separate  the  interests  of  oil  miners  and  metal  miners  in  the  field  of 
legislation,  and  that  because  of  the  necessary  unity  of  interests  we 
should  join  forces  and  work  according  to  some  agreed  plan  of  operation. 


Resolution  No.  21. 
As  Amended  by  Resolutions  Committee. 

(Introduced  by  Edward  H.  Benjamin.) 

Whereas,  It  is  proposed  to  hold  at  some  suitable  place  in  the 
United  States  of  America,  during  the  year  1915,  a  great  International 
Exposition  and  World's  Fair,  to  celebrate  the  completion  of  the  Pan- 
ama Canal,  man's  greatest  achievement  since  the  world  began,  and 

WThereas,  Federal  recognition  of  the  proposed  International  Ex- 
position is  deemed  essential  to  the  complete  success  of  the  undertak- 
ing, to  the  end  that  foreign  governments  may  look  upon  it  with  favor, 
and 

Whereas,  San  Francisco,  California,  by  reason  of  its  location  with 
reference  to  the  mining  regions  of  the  United  States,  is  the  choice  of 
the  people  residing  in  the  mining  districts  of  America  and  the  people 
of  California,  without  asking  Congressional  appropriations,  guarantee 
a  sum  of  money  sufficient  to  build  the  greatest  Exposition  in  the  his- 
tory of  the  world,  and  the  one  best  calculated  to  foster  and  promote 
the  mining  industry,  therefore  be  it 

Resolved,  That  it  is  the  sense  of  the  American  Mining  Congress, 
in  meeting  assembled,  that  the  holding  of  an  International  Exposition 
in  1915  on  the  Pacific  Coast  will  be  of  great  importance  to  the  mining 
industry  of  the  United  States,  and  therefore  heartily  indorses  the 
claims  of  the  State  of  California,  for  Federal  recognition  and  asks  that 
such  laws  be  enacted  as  will  recognize  San  Francisco  as  the  logical 
point  for  holding  said  International  Exposition. 


Resolution  No.  30. 
As  Amended  by  Resolutions  Committee. 

(Introduced  by  T.  E.  Gibbon.) 

Whereas,  It  has  been  the  uniform  policy  of  the  United  States 
Government  in  disposing  of  its  public  lands  to  grant  title  to  its  min- 
eral lands  only  under  and  by  virtue  of  the  operation  of  the  mineral 
laws,  and 

Whereas,  Large  grants  of  public  land  have  been  made  from  time  to 
time  and  in  such  grants  certain  reservations  have  been  specifically 
made  as  to  mineral  lands  or  the  discovery  of  minerals  thereon,  and 

Whereas,  Under  said  grants,  the  grantees  have  taken  possession 
of  large  areas  of  land  which  it  is  now  claimed  contain  mineral,  title  to 
which,  under  the  express  terms  of  the  grant,  would  not  pass  to  the 
grantee, 

Therefore,  Resolved,  That  the  American  Mining  Congress  recom- 
mend to  the  Congress  of  the  United  States  that  such  investigations  as 
may  be  necessary  shall  be  made  by  the  Department  of  Justice  and  in 
all  cases  where  it  is  found  that  public  lands  are  held  under  any  of  the 
aforesaid  grants  by  the  grantees,  the  title  to  which,  under  the  grant, 
should  now  vest  in  the  United  States,  proper  action  be  taken  to  recover 
the  same. 


AMERICAN  MINING  CONGRESS  181 

Resolution  No.  32. 

(Introduced  by  W.  W.  Bass.) 

Be  it  Resolved,  That  this  Convention  petition  Congress  to  not  pass 
any  bill  providing  for  establishing  any  National  Parks,  or  National 
Monuments,  until  the  Geological  Survey  of  the  United  States  Govern- 
ment makes  a  thorough  investigation  as  to  whether  there  is  any  mineral 
within  the  bounds  thereof,  and  furnishes  a  full  report  of  their  findings 
10  that  honorable  body. 


Resolution  No.  35. 

(Introduced  by  George  H.   Utter.) 

Resolved,  That  as  the  present  low  ebb  of  the  mining  industry  is 
largely  due  to  decreased  prospecting  as  a  result  of  the  harassing  re- 
strictions imposed  upon  prospectors  in  the  Forest  Reserve  and  recogniz- 
ing the  imperative  necessity  of  restoring  the  protection  against  forest 
fires  afforded  by  the  presence  of  prospectors  on  the  forest  lands,  we 
earnestly  recommend  legislation  by  Congress  restoring  to  the  prospec- 
tor on  forest  reserve  the  privileges  enjoyed  on  other  parts  of  the  pub- 
lic domain. 


Resolution  No.  36. 

(Introduced  by  the  California  Delegation.) 

Resolved,  This  Congress  recognizes  that  the  United  States  Govern- 
ment, in  its  dealings  with  the  mineral  lands,  and  the  miners  operating 
thereon,  has  uniformly  treated  the  subject  along  broad  and  equitable 
lines,  and  that  those  who  pursuant  to  the  invitation  of  the  Government 
have  explored  the  mineral  lands,  discovered  therein  and  in  good  faith 
developed  the  same,  have  almost  uniformly  been  protected  in  their 
rights. 

In  this  connection  attention  is  called  to  certain  recent  rulings  of 
the  Land  Department,  that,  while  they  may  be  proper  as  applied  to 
the  facts  therein  involved,  are  in  other  respects  inconsistent  with  the 
previous  rulings  of  the  Department,  and  the  decisions  of  the  Court, 
under  which  recent  rulings  associations  of  persons  who  have  entered 
upon  oil  and  other  mineral  lands  in  good  faith,  explored  and  devel- 
oped the  same  and  discovered  oil  therein,  have  been  denied  patents, 
whera  prior  to  discovery  and  frequently  for  the  purpose  of  raising 
money  for  development  purposes  certain  of  the  locators  had  conveyed 
their  interests  so  that  there  were  at  the  time  of  discovery  less  than 
eight  locators  interested  in  such  claim. 

Previous  to  these  recent  rulings,  it  had  been  uniformly  held  by 
the  Courts  and  by  the  Department,  where  the  laws  had  been  complied 
with,  and  mineral  or  oil  discovered,  that  such  locators  or  their  succes- 
sor or  successors  in  interest,  were  entitled  to  patents. 

These  recent  rulings,  if  adhered  to,  would  destroy  many  invest- 
ments made  in  good  faith,  impair  mining  titles,  and  destroy  the  confi- 
dence of  investors  in  such  titles.  We  therefore  urge  immediate  legis- 
lative and  departmental  action  to  the  end  that  all  such  property  rights 
when  claimed  in  good  faith  under  bona  fide  locations  shall  be  protected, 
and  where  in  accordance  with  the  customs  of  the  miners,  the  previous 
rulings  of  the  Department,  and  the  decisions  of  the  Courts,  the  titles 
to  such  claims  are  honestly  vested,  the  patents  shall  be  issued  therefor 
without  denial  or  delay. 

In  connection  with  the  location  and  development  of  oil  mining 
lands  with  relation  to  future  locations,  and  in  order  to  meet  the  condi- 
tions prevailing  in  the  oil  districts,  an  amendment  to  the  Statute  ought 
to  be  adopted  to  the  effect  that  upon  entry,  the  marking  of  the  bound- 


182  OFFICIAL  PROCEEDINGS 

aries  and  the  posting  of  the  notice,  the  locator  should  have  a  reasonable 
time,  within  which  to  prepare  for  and  commence  drilling  upon  the  loca- 
tion, and  thereafter  so  long  as  drilling  and  operations  were  diligently 
continued,  should  be  protected  in  their  occupation  and  possession,  and 
upon  discovery  of  oil  to  make  entry  and  acquire  patent  as  in  other 
cases. 

And,  Whereas,  It  is  well  known  that  the  continued  pumping  of  oil 
from  any  given  tract  of  land  has  the  effect  to  drain  out  the'oil  from  ad- 
jacent land,  and  in  almost  all  instances,  the  remaining  lands  of  the 
Government  supposed  to  contain  oil  are  situated  in  the  vicinity  of  rail- 
road lands  or  other  privately  owned  lands,  which  are  or  will  be  de- 
veloped and  worked;  therefore,  the  policy  of  the  Government  should 
be  not  to  withdraw  such  lands  from  mineral  entry  or  otherwise 
discourage  their  exploration  or  development,  but  to  keep  such  lands 
free  and  open  to  entry,  disposition  and  development  equally  with  other 
lands  subject  to  disposition  under  the  mineral  law. 


MEETING  OF  MEMBERS 


THURSDAY,  SEPTEMBER  29,  1910. 
8  o'clock  P.  M. 

PRESIDENT  BUCKLEY:  The  meeting  will  please  be  in  order. 
The  secretary  will  read  the  official  call  for  this  meeting. 

The  official  call  was  then  read  by  the  secretary  as  follows: 

Annual  Meeting  of  Members. 

A  meeting  of  the  members  of  the  American  Mining  Con- 
gress is  hereby  called  to  meet  at  Los  Angeles,  California,  on 
Thursday,  September  29,  1910,  at  8  o'clock  p.  m.,  for  the 
purpose  of  electing  three  Directors  to  hold  office  for  three 
years,  each,  to  succeed  E.  R.  Buckley,  John  Dern  and  George 
W.  E.  Dorsey,  whose  terms  of  office  as  Directors  expire,  and 
for  the  transaction  of  such  other  business  as  may  be  properly 
brought  before  said  meeting. 

Order  of  the  Executive  Committee. 

E.  R.  BUCKLEY,  President. 
J.  F.  CALLBREATH,  JR.,  Secretary. 

Denver,   Colorado,   July   20,   1910. 

PRESIDENT  BUCKLEY:  I  wish  to  explain,  for  the  benefit  of 
those  who  may  not  be  familiar  with  the  constitution  and  by-laws,  that 
the  by-laws  provide  that  there  shall  be  selected  a  nominating  com- 
mittee consisting  of  five  members;  that  the  members  of  this  nominating 
committee  shall  be  elected,  not  appointed,  by  the  members  present.  This 
nominating  committee  shall  make  recommendations  to  supply  the 
vacancies  in  the  board  of  directors.  I  wish  also  to  announce  at  this 
time  that  during  the  interim  between  the  last  session  and  this  there 
have  been  two  vacancies  on  the  board  of  directors,  and  these  vacancies 
have  been  supplied  by  appointment  as  provided  by  the  by-laws,  the  ap- 
pointments made  by  the  board  of  directors.  One  of  these  vacancies 
was  caused  by  the  resignation  of  Dr.  H.  Foster  Bain,  who  moved  from 
Illinois  to  California  to  take  charge  of  the  Mining  and  Scientific  Press. 
The  other  vacancy  was  caused  by  the  resignation  of  Mr.  W.  L.  Clark 
of  Arizona.  Now,  it  will  be  the  duty  of  this  committee  to  make  nom- 
inations to  fill  the  places  of  Mr.  Clark  and  Mr.  Bain,  and  also  three 
directors  .whose  terms  expire  this  year.  Mr.  Bain's  place  as  director 
was  supplied  by  the  appointment  of  Mr.  B.  F.  Bush,  of  Maryland,  who 
is  a  very  prominent  coal  operator.  The  position  of  director  occupied 
by  Mr.  Clark  was  filled  by  the  appointment  of  Mr.  E.  A.  Montgomery, 
of  Los  Angeles.  The  first  in  order  is  the  nomination  of  members  of 
the.  nominating  committee. 

MR.  DORSEY:  Mr.  President,  I  nominate  Mr.  D.  W.  Brunton,  of 
Denver,  as  one. 

A  MEMBER:     I  nominate  Col.  H.  H.  Gregg,  of  Joplin,  Mo. 

J.  W.  MALCOMSON:  I  nominate  Mr.  H.  Foster  Bain,  of  San 
Francisco,  as  a  member  of  the  nominating  committee. 

MR.  GEORGE  E.  WHITTAKER,  of  California:  I  nominate  Mr. 
Fred  H.  Hall  as  a  member  of  the  nominating  committee. 


184  OFFICIAL  PROCEEDINGS 

MR.  G.  W.  HULL,  of  Arizona:  I  nominate  Mr.  L.  W.  Powell,  of 
Arizona. 

A  MEMBER:     I  nominate  Mr.  Will  Clark,  of  Jerome,  Arizona. 

PRESIDENT  BUCKLEY:  Any  additional  nominations  for  mem- 
bers of  the  nominating  committee? 

A  MEMBER:  I  nominate  Capt.  C.  Henry  Thompson,  of  Los 
Angeles. 

A  MEMBER:      I  move  that  the  nominations  close,  Mr.  President. 
This  motion  was  duly  seconed. 

PRESIDENT  BUCKLEY:  It  is  moved  and  seconed  that  the  nom- 
inations be  closed.  All  those  in  favor  of  the  motion  signify  by  saying 
aye. 

Motion  unanimously  carried. 

PRESIDENT  BUCKLEY:  The  secretary  will  please  read  the 
names. 

SECRETARY  NORMAN:  D.  W.  Brunton,  H.  H.  Gregg,  H.  Foster 
Bain,  Fred  H.  Hall,  L.  W.  Powell,  Will  L.  Clark,  and  C.  Henry  Thomp- 
son are  the  nominees. 

PRESIDENT  BUCKLEY:  Gentlemen,  what  method  do  you  wish 
to  pursue  in  the  selection  of  these  members  of  the  nominating  com- 
mittee? Do  you  wish  to  vote  for  the  first  member  on  the  first  bal- 
lot, or  to  vote  for  five  members,  giving  the  five  highest  the  place  on 
the  committee?  How  do  you  wish  to  vote? 

MR.  FRANK  G.  TYRRELL:  Mr.  Chairman,  is  it  the  idea  that 
this  committee  will  make  these  nominations  tonight? 

PRESIDENT  BUCKLEY:     The  nominations  will  be  made  at  once. 

MR.  TYRRELL:  I  understand  that  Mr.  Will  L.  Clark  is  not  here. 
That  relieves  the  situation  by  so  much.  There  is  no  need  of  asking 
him  to  serve  if  he  is  not  here  this  evening.  He  told  me  he  would  be 
away,  and  said  he  would  be  back  tomorrow. 

MR.  HULL:  Mr.  Clark  requested  me  to  nominate  Mr.  Powell, 
and  the  delegates  from  Arizona  make  that  request.  That  is  the  reason 
why  I  made  the  nomination. 

MR.  THOMPSON:  Mr.  Chairman,  with  the  consent  of  the  mover 
I  would  like  to  withdraw  my  name.  That  will  just  leave  five  for  the 
committee. 

A  MEMBER:    To  expedite  matters,  I  will  consent  to  that. 

PRESIDENT  BUCKLEY:  If  there  are  no  objections,  we  will 
consider  Mr.  Thompson's  name  withdrawn.  That  will  leave  five 
nominees. 

MR.  GEORGE  E.  WHITTAKER:  I  move  that  the  secretary  cast 
the  ballot  for  the  five  names. 

This  motion  was  duly  seconded  and  carried. 

PRESIDENT  BUCKLEY:  The  ballot  has  been  cast.  The  nom- 
inating committee  will  please  retire.  We  will  proceed  with  the  re- 
mainder of  the  business  which  we  have  before  the  meeting  of  members. 
The  nominating  committee  may  repair  to  the  gentlemen's  waiting  room 
at  the  left  of  the  hall,  or  elsewhere  in  the  lobby  or  foyer.  We  will  now 
listen  to  the  report  of  the  auditing  committee. 


AMERICAN  MINING  CONGRESS  185 

The  report  of  the  auditing  committee  was  then  read  by  the  secre- 
tary as  follows: 

AMERICAN  MINING  CONGRESS. 

Financial  Statement  Covering  Period  September  1,  1909,  to 
August  31,  1910. 

RECEIPTS. 

Cash  on  hand  September  1,  1909 $    1,390.18 

Received  from  Life  Membership  fees $     350.00 

Annual  Membership  fees 1,150.52 

Annual  Membership  dues 3,478.00 

Exchange 1.95 

Goldfield  Convention  fund 687.50 

Los   Angeles   Convention   fund    3,000.00 


$8,667.97  8,667.97 


$10,058.15 
DISBURSEMENTS. 

Administrative  expenses  of  Denver  office: 

Salaries    l_$2,131.00 

Printing 1,494.15 

Postage ' 507.15 

Office  supplies 210.20 

Rent 275.00 

Organizers'  salary  and  expenses 592.20 

Miscellaneous  enpense    247.61 


$5,457.31  5,457.31 

Library 56.90 

Permanent  office  fixtures 69.10 

Legislative. 
Work  at  Washington,  D.  C '--          1,500.00 

Convention   Expense. 

Goldfield   Session    $  585.39 

Los  Angeles  Session, 

Salaries    267.50 

Postage    70.00 


$     922.89  922.89 

Miscellaneous. 

Reimbursing  Secretary  for  money  advanced 700.00 

Total  Disbursements $    8,706.20 

Balance  cash  on  hand  September  1,  1910—  $    1,351.95 

I    hereby    certify    that   the    above    is    a    correct    statement    of    the 
receipts   and   disbursements   of   the   American    Mining   Congress    for   a 
period  of  one  year  from  September  1,  1909  to  August  31,  1910. 
(Signed)  JAS.  P.  CALLBREATH,  JR. 

Secretary. 


186  OFFICIAL  PROCEEDINGS 

We,  the  undersigned  members  of  the  Auditing  Committee  of  the 
American  Mining  Congress,  having  examined  the  books  and  accounts 
of  the  Secretary,  covering  transactions  for  the  period  beginning  Sept. 
1,  1909,  and  ending  August  31,  1910,  hereby  certify  that  we  find  same 
correct  and  that  the  statement  hereby  attached  is  a  correct  statement 
of  the  financial  transactions  of  the  American  Mining  Congress  during 
said  period. 

(Signed)  D.  W.  BRUNTON, 

E.   G.   REINERT, 
Members  Auditing  Committee. 


PRESIDENT  BUCKLEY:  What  is  your  pleasure  with  the  report 
of  the  auditing  committee? 

MR.  WHITTAKER:  I  move  that  the  report  be  received  and  ap- 
proved. 

Said  motion  was  duly  seconded  and  carried. 

PRESIDENT  BUCKLEY:  Is  there  any  miscellaneous  business 
to  come  before  this  meeting? 

MR.  DORSE Y:  At  this  time  I  would  like  to  offer  this  resolution, 
which  I  will  read: 

Whereas,  Certain  promises  and  pledges,  made  by  the  delegation 
from  the  State  of  Colorado  at  the  session  of  the  Congress  held  at  Port- 
land, Oregon,  in  1904,  at  the  time  the  Congress  was  called  to  vote  upon 
the  location  of  permanent  headquarters,  have  not  been  kept  and  ful- 
filled, and  the  assistance  promised  has  not  been  given,  and  as  the 
promises  and  pledges  so  made  at  that  time  induced  the  members  of  the 
Congress  held  at  Portland  to  vote  to  locate  headquarters  in  the  City 
of  Denver,  and,  further,  much  dissatisfaction  has  been  expressed  at 
the  failure  to  keep  the  agreements  made; 

Therefore,  Be  it  resolved,  That  the  directors  of  this  Congress  be, 
and  they  are  hereby,  authorized  to  take  up  at  once  this  matter  with  the 
people  of  Colorado,  and  in  case  satisfactory  arrangements  cannot  be 
made,  then  the  directors  are  authorized  to  take  such  steps  as  in  their 
judgment  seem  advisable,  to  relocate  the  permanent  headquarters  of 
this  Congress  in  some  other  state. 

PRESIDENT  BUCKLEY:  Gentlemen,  you  have  heard  the  reso- 
lution. What  is  your  pleasure? 

A  MEMBER:      I  second  the  motion. 

PRESIDENT  BUCKLEY:  The  motion  has  been  made  and  sec- 
onded that  the  resolution  offered  by  Mr.  Dorsey  be  passed  by  this  meet- 
ing. Any  remarks? 

MR.  DERN,  of  Utah:  Mr.  President  and  Members  of  the  Con- 
gress: I  feel  that  I  would  be  derelict  in  my  duty  as  a  member  of  this 
association  and  as  its  vice-president  if  I  did  not  at  this  time  raise  my 
voice  as  to  the  unjustness  and  unfairness  with  which  this  Congress  has 
been  treated  by  the  people  of  Colorado.  In  1904  the  directors,  after 
due  consideration,  decided  that  the  time  had  arrived,  after  years  of 
wandering  around,  to  establish  a  permanent  home  for  the  Congress. 
There  were  several  competitors  in  the  field,  and  a  delegation  from 
Utah  appeared  and  asked  for  the  permanent  home.  We  took  the 
matter  up  with  our  City  Council.  We  believed  that  Salt  Lake  was 
centrally  located  in  the  mining  country,  and  would  be  the  ideal  place 
for  the  permanent  headquarters  for  the  American  Mining  Congress. 
Our  local  representatives  appeared  before  the  Mayor  and  Council  and 
presented  the  matter  for  their  consideration,  and  asked  them,  inas- 


AMERICAN  MINING  CONGRESS  187 

much  as  the  city  held  considerable  property  in  its  own  title  in  fee,  to 
grant  a  site  for  the  permanent  home  of  the  Congress.  After  going 
into  the  matter  very  thoroughly,  they  passed  an  ordinance  transferring 
a  site  right  across  from  the  City  Hall,  which  today  is  worth  $50,000, 
to  the  American  Mining  Congress.  I,  as  chairman  of  the  delegation 
at  the  time,  had,  you  might  say,  the  deed  in  my  pocket  to  offer  to 
the  convention. 

In  addition  to  that  we  had  a  number  of  mining  men  who  stood 
ready,  not  to  put  down  a  hundred  dollars,  or  two  hundred  dollars, 
but  five  or  ten  thousand  dollars,  and  I  am  satisfied  that  had  the 
Congress  been  voted  to  Salt  Lake  City  at  that  time  we  should  have 
been  able,  inside  of  thirty  days,  to  raise  the  necessary  money  to  put 
up  a  permanent  home  for  this  Congress.  Denver,  as  a  competitor, 
stepped  in,  and  by  the  eloquence  of  their  speakers,  and  their  powers 
of  persuasion  over  the  other  delegates,  beat  us  out  by  a  narrow  margin, 
holding  out  what  seemed  to  be  very  fair  and  just  and  liberal  gifts  from 
the  mining  magnates  of  the  great  State  of  Colorado.  Now,  what  have 
they  done?  Look  at  your  report  today.  Not  even  hall  rent  or  office 
rent  do  they  pay,  but  we  have  to  dig  in  our  own  pockets  year  after 
year  to  even  pay  for  the  office  rent  of  the  American  Mining  Congress 
in  this  grand  State  of  Colorado.  I  say,  I  have  been  provoked  over 
the  situation  for  years,  but  have  been  assured  from  time  to  time  that 
work  was  being  done,  and  that  the  time  had  arrived  when  the  people 
would  take  up  this  matter.  Remember  that  this  was  promised  in  1904, 
six  years  ago,  and  nothing  has  been  done  yet.  I  believe  the  time  has 
arrived  now  when  authority  should  be  given  to  the  directors  to  lay  this 
matter  honestly  before  the  people  of  Colorado  and  the  Chamber  of 
Commerce  of  the  City  of  Denver,  or  whoever  the  proper  authority  may 
be,  through  the  secretary  and  the  other  representatives  of  the  Con- 
gress, and  to  urge  them  to  come  up  to  their  promises.  If  they  are  not 
inclined  to  do  anything,  then  the  directors  should  have  the  right  to 
take  up  this  matter  with  some  other  city  which  is  willing  to  con- 
tribute and  do  the  right  thing  by  the  Congress.  For  this  reason  I 
heartily  second  the  motion  to  adopt  the  resolution  offered  by  Col. 
Dorsey. 

MR.  WHITTAKER:  As  I  understand  the  resolution,  it  is  pro- 
posed by  a  vote  of  this  convention  to  at  once,  practically  at  once, 
remove  the  offices  from  Denver  to  some  other  place. 

PRESIDENT  BUCKLEY:  Mr.  Whittaker,  the  resolution  provides 
that  the  directors  shall  go  to  Denver  and  ascertain  from  Denver  if 
she  is  willing,  or  expects  to  fulfill  her  obligations.  If  she  is  not  will- 
ing, then  the  directors  shall  have  the  authority  to  find  some  other 
place,  satisfactory  to  the  Congress. 

MR.  DORSEY:  It  was  my  thought  that  before  any  action  was 
taken  we  would  refer  the  entire  matter  to  the  membership,  and  have 
a  vote  of  the  membership,  either  at  our  next  annual  meeting  or  by  letter 
ballot;  and  I  will  say  further,  in  addition  to  what  Mr.  Dern  has  said, 
that  if  you  will  talk  to  any  Colorado  man  he  will  endorse  every  word 
said  by  Mr.  Dern.  The  Colorado  men  who  are  earnest  in  this  work 
and  are  active  members  of  this  Congress,  feel  this  more  keenly  that 
either  Mr.  Dern  or  myself,  who  went  down  ingloriously  to  defeat  at 
Portland.  The  gentlemen  said  we  wanted  it  at  Salt  Lake — I  don't 
think  now  that  we  do.  They  may  want  it  at  Los  Angeles.  Spokane 
wants  it.  Douglas  wants  it.  I  am  ready  to  go  anywhere  where  people 
will  keep  their  pledges. 

PRESIDENT  BUCKLEY:  Those  in  favor  of  this  resolution  will 
signify  by  saying  aye.  • 

The  motion  was  duly  carried. 

PRESIDENT  BUCKLEY:  Is  there  any  further  business  to  come 
before  the  meeting  of  members?  If  there  is  no  further  business  to 


188  OFFICIAL  PROCEEDINGS 

come  before  this  meeting,  I  think  we  will  at  this  time  have,  the  pleas- 
ure of  listening  to  our  friend,  Mr.  Frank  Tyrrell,  of  Los  Angeles, 
who  has  very  kindly  consented  to  address  the  members  on  a  subject 
of  very  great  importance  to  them — the  problem  of  increasing  our 
membership.  (Applause.) 

MR.  FRANK  G.  TYRRELL,  of  California:  I  looked  very  carefully, 
Mr.  Chairman,  and  Ladies  and  Gentlemen,  over  the  program,  and  was 
'expecting  to  hear,  as  a  part  of  the  evening's  entertainment  a  reading 
from  Capt.  Crawford,  the  "Poet  Scout."  I  was  not  in  when  the  tele- 
gram expressing  his  regret  at  his  inability  to  be  present  was  received 
and  read,  and  I  have  been  trying  to  find  out — in  fact,  the  reporters, 
some  of  them,  have  been  assisting  me  to  find  out — just  what  was  ex- 
pected of  me  in  the  remarks  I  might  make  at  this  time  and  place.  I 
have  had  a  brief  conversation  with  our  secretary,  Mr.  J.  F.  Callbreath, 
who  is  sitting  in  the  shadow  here  to  protect  his  eyes,  and  have  learned 
some  things  from  him  that  were  very  illuminating  and  rather  surpris- 
ing too,  in  regard  to  the  work  of  the  American  Mining  Congress.  Those 
of  you  who  have  been  with  the  movement  from  its  inception,  those  of 
you,  if  any  there  be  in  this  gathering  tonight,  who  were  among  its 
organizers,  or  at  any  rate  among  its  first  members,  are  fully  informed 
concerning  its  history.  I  am  one  of  those  who  have  recently  enrolled 
their  names  as  members  of  the  American  Mining  Congress,  and  our 
knowledge  of  its  efforts  and  successes  reaches  back  for  only  one  or 
two  or  three  years.  Now,  it  is  proverbially  difficult,  an  exceedingly 
difficult  task,  to  organize  a  large  industry  such  as  the  mining  industry 
is,  in  so  many  diversified  fields,  with  such  a  variety  of  personal  inter- 
ests, to  organize  that  industry,  and  to  project  some  scheme  or  plan  of 
action,  unless  there  is  the  hearty  and  unanimous  support  of  everyone 
who  enrolls  himself  as  a  member. 

You  remember  the  bishop  who  tried  to  analyze  or  classify  the 
various  members  of  his  church,  and  he  finally  hit  upon  this:  He  said, 
"We  have  three  classes — the  workers,  the  shirkers,  and  the  jerkers," 
and  the  names  indicated  their  various  characteristics.  I  remember 
an  incident  which  is  said  to  have  occurred  in  the  career  of  Henry 
Ward  Beecher.  It  seems  that  upon  one  occasion,  before  the  days  of 
the  automobile,  he  had  to  hire  a  livery  rig,  and  he  went  down  and  the 
livery  man  turned  out  a  very  fine  looking  animal  and  light  buggy.  Mr. 
Beecher  was  admiring  the  fine  horse,  and  the  livery  man  started  to 
describe  it  to  him.  He  said,  "Here  is  a  mighty  fine  horse,  Mr.  Beecher, 
that  is  as  sound  as  a  dollar, — not  a  blemish.  He  will  work  anywhere, 
single  or  double,  two-wheel  or  four-in-hand.  He  will  pull  all  that  the 
harness  will  hold.  He  never  was  known  to  balk  or  throw  off,  and  in 
fact  he  will  go  anywhere  you  want  him  to  go  and  do  anything  you  ask 
of  him."  Mr.  Beecher  shoved  his  hands  down  in  his  trousers  pockets 
and  said,  "I  wish  to  heaven  he  was  a  member  of  my  church."  Those 
certainly  would  have  been  most  excellent  characteristics,  those  various 
elements,  in  any  man  who  is  a  member  of  an  ecclesiastical,  political, 
social,  fraternal,  industrial,  or  any  other  kind  of  an  organization.  Now, 
I  don't  know,  if  we  were  to  be  counted  here  in  Los  Angeles,  and  we 
had  agreed  to  so  much  contribution,  personal  contribution,  of  time  and 
energy,  for  the  success  of  this  meeting,  I  don't  believe  there  would  be 
more  than — well,  I  will  ask  Brother  Thomas  O'Donnell  down  there  to 
tell  me  whether  we  couldn't  count  the  real,  active,  persistent,  partient, 
aggressive  workers  on  the  fingers  of  one  hand  any  way,  right  here  in 
Los  Angeles.  And  yet  we  knew  you  were  coming,  we  anticipated  much 
pleasure  in  endeavoring  to  entertain  you,  the  obligation  was  upon  us, 
financial  and  otherwise.  Why  didn't  we  lay  ourselves  out?  "If  I 
only  had — if  I  only  had,"  was  the  piteous  wail  of  an  engineer  who 
failed  to  observe  the  signals  and  brought  about  a  head-on  collision, 
wrecking  his  train  and  launching  scores  of  souls  into  an  abysmal 
eternity,  because  he  did  not  regard  the  signals.  If  I  only  had!  There 
is  that  regret  invariably. 


AMERICAN  MINING  CONGRESS  189 

Now,  Ladies  and  Gentlemen,  this  came  to  my  mind.  The  salary 
of  one  of  the  most  tireless,  persistent,  successful  workers  perhaps  that 
the  secretarial  office  of  any  society  ever  had,  the -salary  of  our  secre- 
tary, is  in  arrears  since  November,  1908,  about  twenty-two  months. 
He  has  been  financing  this  enterprise,  and  he  has  been  doing  it  without 
any  vacations,  until  he  has  worn  himself  to  that  condition  which  is 
described  in  New  York  State  by  the  doughty  Colonel  as  the  condition 
to  which  he  was  going  to  "lick"  his  enemies — "to  a  frazzle" — pretty 
near  to  a  frazzle.  There  is  something  almost  of  pathos  in  the  fact  that 
by  tireless  work,  without  ceasing,  without  rest,  without  recreation, 
this  man  has  given  himself  to  this  work;  and  I  presume  the  output 
of  energy  which  he  has  freely  and  willingly  and  gladly  given  to  this 
enterprise  and  your  collective  interests  would  have  resulted  in  making 
him  anywhere  from  $50,000  to  $250,000  if  he  had  applied  it  in  some 
lucrative  business  enterprise.  Now,  that  mere  fact  speaks  for  itself, 
There  are  some  mere  statements  of  fact  that  are  sufficent  argument. 
Not  only  that,  but  he  has  kept  us  free  from  any  and  every -other  kind 
of  obligation.  The  American  Mining  Congress  owes  nobody  else  any- 
thing. Now,  it  seems  to  me  that  if  we  had  paid  him  a  lucrative  salary, 
$500  a  month  or  $10,000  a  year,  that  even  that  amount  of  money  would 
not  have  been  anything  like  an  adequate  return  for  the  service  of  brain 
and  heart  and  hand  which  he  has  so  royally  given  to  the  Congress. 
(Great  Applause.)  It  seems  to  me  there  are  some  things  that  money 
cannot  buy,  and  for  which  there  is  no  adequate  measure  in  money. 
They  say  that  money  is  a  medium  of  exchange  and  the  measure  of 
value.  It  may  be  a  medium  of  exchange,  but  when  it  comes  to  personal 
service  of  the  character  that  Brother  Callbreath  has  given  us — it  may 
be  a  medium  of  exchange,  but  no  reasonable  amount  of  money  could 
be  a  fair  measure  of  value.  Personal  service  is  one  of  the  most  diffi- 
cult things  to  measure  in  terms  of  dollars  and  cents. 

Now,  what  has  been  done  is  simply  an  earnest  of  what  may  yet 
be  done.  The  American  Mining  Congress  has  certainly  contributed 
immensely  to  the  determination  of  the  lead  and  zinc  schedules  in  the 
tariff  bill,  for  example,  as  it  exists  today.  Doubtless  every  western 
Congressman  thinks  he  did  all  that  himself,  and  he  claims  a  large  meas- 
ure of  the  credit  for  it,  if  not  the  entire  credit  for  the  achievement. 
The  American  Mining  Congress  has  persistently  presented  the  claims 
of  this  great  industry,  the  output  of  which  represents  about  sixty-five 
per  cent  of  the  total  railway  freight  tonnage  of  the  nation.  The 
American  Mining  Congress,  as  I  say,  has  persistently  presented  the 
claims  of  this  great  under-girding,  over-topping  industry  until  finally, 
with  apparent  reluctance  in  some  quarters,  our  national  legislature  has 
established  a  Bureau  of  Mines;  and  by  the  same  patient  and  persistent 
efforts,  the  President  has  finally  nominated  for  the  head  of  that  Bureau 
Dr.  Holmes,  who  had  the  unanimous  ,  hearty,  enthusiastic  support  of 
the  entire  mining  fraternity  back  of  him.  Now,  that  is  something 
worth  talking  about,  and  that  is  simply  an  earnest  of  what  may  yet 
be  done.  This  has  already  been  achieved,  and  with  the  tremendous 
accumulative  energy  of  an  organization  like  the  American  Mining  Con- 
gress back  of  it,  we  shall  shortly  have — let  us  indulge  in  the  spirit  of 
prophecy — we  might  as  well — not  simply  a  Bureau  of  Mines,  but  a 
Department  of  Mines,  with  a  cabinet  officer.  (Great  Applause.)  Why 
shouldn't  we  have  a  Department  of  Mines?  We  have  a  Department  of 
Commerce  and  Labor,  we  have  a  Department  of  Agriculture,  we  have 
department  portfolios  that  are  not  one-half  so  significant  or  important 
as  the  mining  industry  portfolio  will  be,  when  the  right  man  takes  it 
under  his  arm  and  takes  his  seat  in  the  national  councils  with  the 
chief  executive  of  this  country  and  his  fellow-members  of  the  cabinet, 
to  hear  and  discuss  ways  and  means,  methods  and  schemes,  of  or- 
ganizations and  procedure  and  administration  as  affecting  that  in- 
dustry which  in  a  sense  is  fundamental  and  primary  and  elemental,  in 
that  it  furnishes  not  simply  this  immense  freight  tonnage,  but  that  it 
stacks  in  our  bank  vaults,  in  our  trust  companies,  in  the  national  ex- 


190  OFFICIAL  PROCEEDINGS 

chequer  at  Washington,  the  ultimate  money  of  redemption.  Why,  there 
is  not  a  man  or  woman  here  that  wears  a  watch  or  finger  ring,  any  item 
of  jewelry,  whether  useful  of  merely  ornamental,  that  is  not  indebted 
to  the  miner,  to  the  prospector.  There  is  not  an  article  of  useful- 
ness in  our  every  day  affairs,  such  as  a  hail  or  pin,  but  what  will  carry 
us  back,  if  we  will  give  our  fancy  wings,  to  the  miner  to  whom  we  are 
indebted.  This  is  an  age  of  steel  and  steam  and  electricity,  and  in  our 
use  of  these  great  and  mighty  forces  of  electricity  and  steam,  where 
would  we  be  without  the  steel  and  iron  and  copper,  too?  We  would 
simply  be  utterly  incapable  of  clothing  these  wonderful  forces.  The 
arm  of  power  would  be  weakened,  paralyzed,  and  drop  nerveless  and 
helpless,  and  the  wheels  of  industry  would  stop. 

Now,  this  American  Mining  Congress  is  a  strong,  stalwart  organi- 
zation, with  a  history,  with  ripened  achievements  to  its  credit,  but, 
ladies  and  gentlemen,  believe  me,  with  a  mighty  and  imminent  crisis 
confronting  it.  Not  that  its  organization  is  imperiled — not  for  a 
moment.  But  the  whole  mining  west  fronts  a  situation  which  finds 
almost  a  parallel  in  history  in  the  era  immediately  following  the  Civil 
war. 

You  know  there  were  men  through  the  East  and  the  North  at  the 
close  of  the  war  who  looked  toward  the  scattering  ingots  which  Mar- 
shall had  dug  out  of  the  earth  at  Feather  river  up  here  in  Sutter  couty, 
who  looked  toward  the  plethoric  wealth  locked  in  the  rock-ribbed  and 
iron  chested  hills  and  mountains  of  the  West,  and  looked  upon  that 
treasure  and  the  streams  that  began  to  gush  forth  and  tried  to  devise 
a  scheme  of  law  and  administration  and  distribution  which  would  load 
the  national  debt  that  had  been  accummulated  as  the  heritage  of  that 
horrid  war  upon  the  productive  mineral  industries  of  the  West.  That 
was  their  scheme;  that  was  their  serious,  settled  purpose.  Why,  they 
said,  that  is  a  treasure  which  belongs  to  the  public,  to  all  the  people. 
Here  is  a  treasure  amply  abundant  to  pay  off  this  tremendous,  crushing 
debt.  And  they  were  only  defeated  in  it  by  the  little  handful  of  West- 
ern senators  and  congressmen,  led  by  Senator  William  Stewart  of 
Nevada — peace  be  to  his  memory! — who,  if  he  had  never  accomplished 
anything  else,  has,  by  that  one  act,  written  his  name  high  upon  the 
tablets  of  fame;  and  if  the  West  ever  has  the  time  and  the  opportunity 
to  place  a  statue  in  the  Hall  of  Fame  in  Washington,  it  should  be 
erected  to  Senator  Stewart,  because  of  that  one  act.  (Great  Applause.) 

You  go  back  now  and  read  that  law  which  he  finally  succeeded  in 
having  enacted.  You  won't  find  it  in  any  index,  because  you  will  be 
misled  by  the  title.  In  order  that  they  might  get  equity  and  justice 
at  the  hands  of  the  national  administration,  they  had  to  smuggle  that 
law  in  under  the  title  of  some  scheme  to  build  an  irrigation  ditch,  and 
it  is  indexed,  not  under  mining  law,  but  under  ditch  law.  He  "ditched" 
that  splendid  scheme  of  spoliation  with  which  those  Easterners  had 
threatened  the  WTest,  when  they  tried  to  lay  felonious  hands  upon  the 
treasure  that  God  Almighty  had  placed  in  our  hills  and  mountains. 
It  is  not  too  severe  to  say  "felonious  hands."  He  said,  "Hands  off." 
He  leveled  the  batteries  of  his  indignation  sagaciously  and  with  wis- 
dom, the  wisdom  of  success,  the  legacy  of  success,  upon  them,  and 
said,  like  the  Quaker,  who  did  not  believe  in  the  use  of  firearms,  but 
nevertheless  when  he  got  the  drop  on  the  burglar  in  his  bedroom,  he 
said,  as  he  pointed  the  old  fowling  piece  at  him,  "Thee  had  better  get 
out  of  the  way,  for  I  intend  to  fire  this  gun  right  where  thee  stands." 

And  precisely  that  now  is  what  we  have  got  to  face  in  this  nation 
this  day.  In  the  La  Follette  Magazine  was  an  article  one  or  two  weeks 
ago  by  Prof.  John  R.  Commons,  in  which  he  refers  to  the  agitation  or 
debate  at  the  National  Conservation  Congress  at  St.  Paul,  and  quotes 
the  doughty  Theodore  Roosevelt  as  having  said  that  these  men  who 
come  here  clamoring  for  state  rights  are  merely  hiding  behind  that  as 
a  mask  to  enable  them  the  more  effectively  to  serve  the  power  com- 
panies and  the  malign  promoters  of  the  hydro-electro  trusts.  In  other 
words,  "If  you  don't  agree  with  me  you  are  a  highwayman,  a  raider,  a 


AMERICAN  MINING  CONGRESS  191 

wrecker  of  the  national  resources."  And  I  presume  that  your  father  or 
grandfather  was  hanged  for  some  felony  "if  you  don't  agree  with  me/' 
"If  you  do  agree  with  me  you  are  a  gentleman  and  a  scholar." 

Now,  I  want  to  know  if  there  is  any  argument  in  that.  I  want 
to  know  if  by  any  authority  of  names  you  can  silence  the  vehement 
indignation  of  a  man  or  of  a  section  of  this  country  upon  which,  under 
the  plea  of  a  moral  and  civic  uplift,  you  are  trying  to  saddle  an  in- 
famous injustice.  Not  for  a  moment.  They  may  succeed,  as  Mr. 
Pinchot  menacingly  said  here  in  his  very  gracious  and  urbane  address 
the  other  evening — they  may  succeed  in  enacting  a  scheme  of  adminis- 
tering the  public  domain  by  competitive  leasing,  by  the  re-establishment 
of  a  system  of  land  tenure  like  that  of  medieval  feudalism,  against 
which  our  forebears  indignantly  protested,  and  for  which  they  fought 
until  their  swords  were  sheathed  only  in  victory.  You  may  do  that 
because  you  outnumber  us  and  can  outvote  us;  but  you  will  find  the 
entire  West  aflame  with  indignation  and  protest,  and  restive  and  re- 
bellious under  it,  until  you  take  back  the  infamous  injustice  and  give 
us  at  least  equity  and  a  square  deal.  (Great  applause.) 

Now,  ladies  and  gentlemen,  I  speak  earnestly  because  I  feel  deeply. 
I  want  to  know,  in  the  name  of  common  sense,  if  it  is  satisfactory  to 
you  men  of  balanced  judgment,  of  cool,  calculating  reasoning  faculties, 
does  it  satisfy  you  when  Mr.  Pinchot  and  Mr.  Roosevelt  say,  "We  mean 
equalization,  not  stagnation.  We  don't  intend  anything  by  this  that 
shall  discourage  or  handicap  the  prospector.  Conservation,  as  we  intend 
to  enact  and  administer  it,  will  not  hinder  the  prospector."  Mere 
assertion  proves  nothing.  "The  proof  of  the  pudding  is  in  the  chewing 
of  the  rag."  Stop  and  think  a  moment.  We  send  the  prospector  abroad 
through  the  land,  and  he  goes  with  his  little  burro  pack  and  his  pick 
and  shovel  and  his  microscope,  his  meager  equipment;  he  goes  in  the 
blazing  sun,  across  the  hot  sands,  he  imperils  his  life,  knowing  that  this 
government  of  ours  will  deal  justly  with  him;  and  if,  for  himself  or  for 
his  employers  he  finally  lays  a  trembling  hand  upon  the  hid  treasure 
of  mother  earth,  that  treasure  is  his,  by  right  of  heroic,  hazardous 
exploration  and  discovery,  and  the  nation  will  defend  it  in  his  posses- 
sion as  a  legitimate  fruit  and  reward  for  all  the  hazard  that  he  has 
undergone.  Now  then,  is  he  going  to  go  through  the  blazing  hell  of  our 
barren  deserts,  risking  his  life,  far  away  from  his  wife  and  bairn  and 
fireside  and  all  the  ease  and  comfort  of  our  modern  civilization — is  he 
going  to  go  through  that  awful  peril  and  follow  that  winding  trail 
through  the  wilderness,  and  camp  by  the  salty  springs,  thirsting,  his 
lips  parched,  his  throat  swollen,  his  tongue  protruding,  with  the  whir- 
ring wings  of  the  vulture  that  is  watching  him  there,  ready  to  pluck 
out  his  eyes  before  the  last  quivering  pulsation  has  signalled  the 
advent  of  death — is  he  going  to  risk  a  hell  like  that  in  order  that  some 
munificent  bureaucrat  three  thousand  miles  away  at  Washington  may 
grudgingly  dole  out  to  him  a  temporary  term  or  short  time  lease?  Not 
if  he  knows  himself.  Is  Capital  going  to  pour  out  its  plethoric  stores 
to  develop  at  such  risk  these  hidden  resources?  Why,  it  is  incompre- 
hensible. It  is  past  belief.  Do  not  misunderstand  us.  The  American 
Mining  Congress  will  not  allow  any  man,  no  matter  what  may  be  his 
inheritance,  his  tradition,  his  predilections,  his  mental  or  moral  bias, 
will  not  allow  any  man  to  go  beyond  it  in  decrying  monopoly,  or  the 
cruel  abuse  and  godless  waste  of  the  national  resources.  Nobody  will 
allow  it — nobody  will  allow  it  for  a  moment.  They  are  holding  up 
holy  hands  in  horror  at  the  prospectors  and  WTestern  miners.  Gover- 
nor Stubbs  of  Kansas,  I  understand,  on  the  platform  represented  these 
men  of  the  West  as  "robbers."  I  want  you,  if  you  see  Governor  Stubbs, 
if  he  made  any  such  statement,  to  go  to  him  and  tell  him  with  my 
compliments  that  that  is  an  infamous  lie,  and  give  him  my  name  and 
address,  and  tell  him  that  I  would  like  to  meet  him  at  any  time,  Marquis 
of  Queensbury  rules,  a  la  Johnson  and  Jeffries,  or  on  the  platform,  or 
in  any  other  way,  and  ram  that  word  down  his  throat,  or  the  throat 
of  any  other  man  who  so  attempts  to  stigmatize  the  men  of  the  West. 


192  OFFICIAL  PROCEEDINGS 

My  grandfather  was  a  forty-niner  and  in  my  babyhood  and  boyhood 
I  was  cradled  within  the  music  of  the  roar  of  the  great  waves  of  the 
Pacific  ocean.  That  grizzled  old  forty-niner  crossed  to  the  head  of  the 
Sacramento  valley  away  yonder  before  the  whistle  of  the  locomotive 
had  wakened  the  echoes  of  primeval  silence,  and  followed  the  nar- 
row road  until  it  dwindled  into  a  squirrel  track  and  ran  up  a  tree — then 
they  sold  their  wagons  and  took  their  goods  on  the  backs  of  animals, 
and  went  singly  like  the  indians  through  a  trail  which  they  them- 
selves blazed  to  get  to  the  land  of  promise.  Now,  would  they  have  done 
that  under  the  competitive  lease  system?  Perish  the  thought.  They 
felt  the  lure  of  California,  they  saw  the  signs  of  promise  and  they  came 
daring  the  perils  of  the  desert,  the  lurking,  prowling  beasts  of  the 
wilderness,  and  the  still  greater  horror  of  starvation  in  the  snowbound 
mountains.  They  shared  the  last  crumb  of  bread  and  the  last  drop  of 
water  from  the  emptying  canteen.  They  died  along  the  way.  And  they 
went  to  work  there  upon  government  lands,  upon  the  public  domain, 
which  in  that  day  and  time  had  not  yet  been  withdrawn  from  entry. 
(Laughter.)  They  dug  their  ditches  and  built  their  flumes,  and  washed 
out  the  yellow  gold.  They  did  all  that,  and  the  government  woke  up 
and  found  them  there  as  trespassers  upon  the  public  lands.  Did  it  send 
some  doughty  leather-booted  forest  ranger  to  bid  them  off  as  poachers 
upon  Uncle  Sam's  territories?  No  sir,  "nary  a  bit  of  it."  The  courts 
of  this  nation  recognized  them  as  having  there  gained  the  rights  of 
discovery,  and  the  courts  developed  and  safeguarded  those  rights. 

And  now  the  nation  is  going  to  undo  all  that.  Now,  gentlemen,  if 
the  American  Mining  Congress  has  anything  to  do,  it  came  to  the  king- 
dom for  such  a  time  as  this,  and  the  appeal  is  as  from  a  clarion  trumpet 
to  rally  all  your  forces,  stand  together,  shoulder  to  shoulder,  and  not 
be  content  with  simply  the  evanescent  platform  of  a  convention  hall 
on  this  question.  Hysterical  oratory  doesn't  cut  any  figure  when  it 
comes  to  a  session  of  the  national  legislature  there  at  Washington. 
I  have  in  my  pocket  now  three  or  four  different  conservation  bills  that 
are  proposed.  Consternation  bills,  some  call  them.  Constipation  bills, 
Tom  O'Donnell  calls  them.  Annihilation  and  paralysis  bills  is  what  they 
are.  If  they  are  not  safeguarded,  where  will  our  rights  be?  We  do 
not  for  a  moment  believe  that  the  majority  of  the  people  of  these 
Western  states  are  the  truckling  white  serfs  of  monopolists,  of  grafters, 
of  highbinders.  We  do  not  for  a  moment  believe  that  the  dauntless 
spirit  of  the  Western  pioneers  no  longer  breathes  and  animates  mortal 
clay.  We  believe  that  here  and  now  are  men  of  precisely  the  same  type 
as  those  who  under  Fremont,  the  Pathfinder,  wrested  this  golden  domain 
from  Spain,  from  Mexico,  that  the  same  spirit  animates  their  sons  and 
daughters,  and  we  all,  like  the  poor  Seminole,  if  you  please,  would  hurl 
a  deathless  defiance  to  all  the  overhanded,  unjust,  tyrannical,  inequit- 
able methods  of  dealing  with  the  public  domain  which  has  grown  pop- 
ulous since  they  came  here  to  build  their  fires  and  rear  their  altars 
and  establish  human  homes,  believing  that  they  had  some  rights  ac- 
quired thereby.  Did  Columbus,  when  he  discovered  America,  claim 
by  right  of  discovery  as  a  sort  of  legal  fiction? 

You  talk  about  this  use  for  the  entire  public.  That  sounds  good 
but  it  is  mere  buncombe.  The  American  Mining  Congress  has  just 
reached  the  threshold  of  its  real  career  of  value  and  importance  to  the 
Western  states.  What  are  you  going  to  do  about  it?  Are  you  going 
to  stand  together  and  finance  this  enterprise,  or  are  you  going  to  lay 
the  entire  burden  upon  the  heart  and  brain  and  shoulders  of  one  or 
two  lone  men,  who  have  the  sacrificial  heroism  and  the  self-denial  to 
carry  it,  even  though  it  crush  them?  I  do  not  for  a  moment  doubt  that 
you  great,  big-bodied,  big-brained,  big-hearted  mining  men  will  do  your 
part  in  carrying  the  burden.  Are  fifty  or  a  hundred  of  you  felldws 
going  to  get  together  and  assess  one  another  $200  apiece  and  then  say, 
"We  will  hold  this  thing  for  a  while,  and  then  we  will  hold  in  abeyance 
the  $15  membership  fee,  and  the  $10  dues,  and  we  will  gather  in 
twenty  members  at  $10  and  re-pay  ourselves  in  that  way"?  No,  that 


AMERICAN  MINING  CONGRESS  193 

is  not  what  you  Westerners  and  miners  of  the  West  are  going  to  say. 
You  are  going  to  raise  $200  or  $2,000  or  $20,000,  whatever  is  needed 
to  meet  the  exigency  which  is  upon  us.  The  way  is  clear,  and  the  thing 
to  do  is  to  respond  to  it  right  gladly.  This  thing  has  gone  on  quite 
long  enough.  It  is  up  to  us  now, — dig.  We  will  go  out  and  gather  in 
the  membership,  because  we  want  a  membership  and  we  want  united 
effort.  I  do  not  believe,  ladies  and  gentlemen,  that  there  will  be  any 
real  difference  of  opinion  between  men  of  the  West  and  men  of  the  East 
when  we  go  there  and  look  each  other  in  the  eye,  face  to  face.  We 
will  see  and  understand,  and  we  will  find  them  fair  people,  with  char- 
acteristic American  citizenship,  we  will  find  them  disposed  to  treat 
with  us  fairly,  to  deal  with  us  squarely,  uprightly,  upon  the  principles 
of  sincere,  fair,  square  American  manhood,  taking  nothing  that  we  are 
not  ready  and  willing  to  give,  and  giving  nothing  that  we  cannot  give 
generously  and  unstintingly,  out  of  a  plethoric  store.  I  beseech  you 
then,  in  the  name  of  this  Congress  and  the  industry  for  which  it  stands, 
consecrate  yourselves  anew  to  the  terrific  task  that  is  upon  you.  Let 
us  not  misunderstand  the  situation,  let  us  get  together  and  reason  about 
this  matter,  and,  in  God's  name,  let  us  deal  fairly  with  the  pioneer, 
with  the  explorer,  with  the  discoverer,  with  the  man  in  the  ranks  who 
is  working  and  warring  his  way  in  the  battle.  You  gentlemen,  some 
of  you,  who  have  inherited  wealth,  may  never  realize  what  it  means 
to  lift  the  ax  or  the  hammer  or  any  implement  of  honest  industry; 
remember  that  this  man  is  your  brother.  How  easy  it  is  for  a  man  who 
has  inherited  an  independent  fortune,  to  adopt  some  fad,  and  then  go 
up  and  down  the  land  parading  that,  and  saying  to  the  men  of  the 
nation,  "This  is  what  we  want  of  you — to  re-establish  under  the  guise 
of  moral  and  civic  reform,  here  in  America,  in  this  dawn  of  the  twen- 
tieth century,  the  ancient,  medieval,  exploded  system  of  a  long-for- 
gotten fuedalism." 

Will  you  meet  this  crisis?  Will  you,  gentlemen?  You  will  "as  sure 
as  God  made  little  apples,"  guided  by  the  lamp  of  an  enlightened  states- 
manship. (Great  applause.) 

PRESIDENT  BUCKLEY:  Are  the  Nominating  Committee  pre- 
pared to  report? 

MR.  BRUNTON:    Your  Committee  is  ready  to  report. 

The  report  of  the  Nominating  Committee  was  then  read  as  follows: 

Los  Angeles,  Calif.,  Sept.  29,  1910. 

The  undersigned,  constituting  the  Nominating  Committee,  beg  leave 
to  present  the  following  names  for  Directors  of  the  American  Mining 
Congress,  for  the  length  of  terms  set  opposite  the  name  of  each: 

For  three-year  term,  Mr.  E.  A.  Montgomery  of  Los  Angeles,  Calif. 
For  three-year  term,  Mr.  Chas.  A.  Barlow  of  Bakersfield,  Calif. 
For  three-year  term,  Col.  Louis  W.  Powell  of  Warren,  Arizona. 
To  fill  vacancy  for  one  year,  Mr.   John   Dern   of   Salt  Lake   City, 

Utah. 

To  fill  vacancy  for  two  years,  Dr.   E.   R.   Buckley  of  Rolla,   Mis- 
souri. 

(Signed)      D.  W.  BRUNTON, 
H.  H.  GREGG, 
H.  FOSTER  BAIN, 
FRED  H.  HALL, 
L.  W.  POWELL, 

Committee. 

PRESIDENT  BUCKLEY:  Gentlemen,  you  have  heard  the  report 
of  the  Nominating  Committee.  What  is  your  pleasure? 

MR.  WHITTAKER:  I  move  that  the  report  of  the  Nominating 
Committee  be  adopted  and  approved,  and  that  the  five  persons  be 


194  OFFICIAL  PROCEEDINGS 

declared  elected  by  acclamation,   without   further  balloting,   and   that 
the  Secretary  cast  the  ballot. 

PRESIDENT  BUCKLEY:  The  motion  is  made  and  seconded  that 
the  Secretary  be  instructed  to  cast  the  unanimous  vote  of  the  members 
for  the  nominees  recommended  by  the  Nominating  Committee. 

MR.  DERN,  (Utah):  Mr.  Chairman,  I  have  served  as  a  member 
of  the  Board,  I  think,  from  the  very  beginning.  I  have  served  my 
apprenticeship,  and  I  have  been  a  journeyman  for  a  good  while.  I 
notice  from  the  Committee's  report  that  the  members  from  the  East 
have  not  been  re-chosen.  It  is  the  understanding  of  the  Mining  Con- 
gress that  our  influence  shall  be  broad,  that  it  shall  have  a  representa- 
tion from  the  East  as  well  as  from  the  West,  and  I  would  very  gladly 
retire  in  favor  of  somebody  from  the  far  East.  I  think  at  the  present 
time  we  have  a  member  who  was  appointed  and  who  would  have  to  be 
re-elected  at  this  time,  Mr.  Bush,  of  Maryland.  He  has  been  a  power 
in  the  national  legislature,  and  of  great  assistance  to  Mr.  Callbreath  in 
bringing  about  those  results  which  ihave  been  so  gratifying  to  us  all, 
and  in  assisting  Mr.  Callbreath  and  the  balance  of  us  to  get  the  estab- 
lishment of  a  bureau  of  mines.  I  really  think  it  would  be  better  to  get 
Mr.  Bush  on  the  Board  than  myself,  and  I  respectfully  withdraw  my 
name  as  a  candidate  for  re-election,  in  favor  of  Mr.  Bush. 

PRESIDENT  BUCKLEY:  There  is  a  motion  before  the  house. 
Are  there  any  further  remarks? 

MR.  GREGG  of  Missouri:  In  choosing  a  representative  upon  the 
Board  for  Utah,  the  long  and  valuable  service  of  Mr.  Dern  was  con- 
sidered, and  it  was  the  sentiment  of  your  Nominating  Committee  that 
Mr.  Dern  should  be  prevailed  upon  to  remain  on  the  Board,  as  Utah's 
member. 

MR.  DERN:  Allow  me  to  say,  I  am  not  from  Utah.  I  have  resided 
in  Nebraska  for  the  last  twenty-three  years,  and  expect  to  reside  there 
as  long  as  I  live.  My  headquarters  are  temporarily  at  Salt  Lake;  two 
years  ago  they  were  at  Goldfield;  four  years  ago  they  were  in  Boise. 
I  told  the  Committee  that  I  did  not  desire  to  serve  any  longer.  I  have 
served  my  apprenticeship,  commencing  when  this  Congress  was  or- 
ganized, and  I  have  been  with  it  ever  since,  and  I  am  sure  I  am  only 
too  glad  to  retire  in  favor  of  some  other  party. 

MR.  GREGG:  The  Committee  would  certainly  be  glad  to  have 
you  serve.  Other  gentlemen  were  named  as  having  been  very  active 
in  it,  notably  Mr.  Montgomery  of  this  city.  There  was  a  desire  that 
the  oil  interests  should  be  represented — hence  the  choice  of  Mr.  Barlow. 
I  think  the  membership  of  this  Congress  would  act  unwisely  if  they 
accepted  the  resignation  of  Mr.  Dern.  There  are  good  reasons  why 
Mr.  Dern  should  continue  on  this  Board.  I  do  not  know  of  any  person 
whose  resignation  or  retirement  from  this  Congress  would  cost  the 
Congress  more  than  would  the  retirement  of  Mr.  Dern.  I  hope  the 
membership  will  not  accept  his  resignation. 

PRESIDENT  BUCKLEY:  The  question  is  on  the  adoption  of  the 
report  of  the  Committee,  the  motion  being  made  and  seconded  that 
the  Secretary  cast  the  ballot  for  the  men  named  by  the  Committee. 

MR.  MONTGOMERY:  I  feel  that  I  would  be  very  selfish  indeed 
to  stand  in  the  way  of  an  Eastern  representative  being  elected  on  this 
Board.  My  interests  are  entirely  in  behalf  of  the  American  Mining 
Congress,  which  I  know  in  their  efforts  can  bring  about  the  improved 
conditions  which  we  much  need.  I  am  sure  I  would  much  prefer  being 
the  one  to  retire  in  favor  of  the  Eastern  representative,  Mr.  Bush,  who 
I  believe  has  proven  the  value  of  his  services  as  one  acting  by  appoint- 
ment on  the  Board.  Mr.  Dern  I  believe  has  been  one  of  the  very  credit- 


AMERICAN  MINING  CONGRESS  195 

able  members  of  the  Congress  and  without  his  support  I  think  the 
Congress  would  be  very  much  weakened,  and  I  would  not  be  willing  to 
be  in  any  way  in  a  position  to  stand  in  the  way  of  securing  the  recogni- 
tion of  an  Eastern  representative  on  the  Board,  and  especially  Mr. 
Bern,  who  has  done  so  much  for  the  Congress.  I  will  ask  that  my  name 
be  withdrawn  in  favor  of  Mr.  Bush. 

MR.  WHITTAKER:  I  want  to  say  that  if  there  is  any  one  man 
that  we  are  desirous  more  than  another  to  have  on  this  Board  it  is  our 
friend  Mr.  "Bob"  Montgomery.  (Applause.) 

PRESIDENT  BUCKLEY:    Are  you  ready  for  the  question? 
The  motion  was  duly  put  and  carried. 

PRESIDENT  BUCKLEY:  The  ayes  have  it  and  the  report  of  the 
Committee  will  be  adopted.  The  Secretary  will  cast  the  ballot.  The 
ballot  has  been  cast  for  the  Directors  nominated  by  the  Nominating 
Committee.  Is  there  any  further  business  to  come  before  this  meeting 
of  the  members?  If  not  a  motion  to  adjourn  sine  die  is  in  order. 

MR.  WHITTAKER:    I  move  that  we  adjourn  sine  die. 
Said  motion  was  duly  seconded,  and  carried. 

PRESIDENT  BUCKLEY:  The  motion  is  carried  that  this  meeting 
of  members  adjourn  sine  die.  That  is,  the  meeting  of  the  members,  not 
the  meeting  of  the  Congress,  which  will  convene  again  tomorrow  morn- 
ing at  10  o'clock. 


Annual  Address  of  the  President. 


BY  DR.  E.   R.   BUCKLEY,  ROLLA,  MO. 

It  is  extremely  gratifying  at  this  time  to  be  able  to  re- 
port a  most  successful  year  in  the  history  of  this  organiza- 
tion. Our  financial  condition  has  improved  and  our  mem- 
bership has  increased.  The  legislative  campaign  has  been  a 
success  and  the  committees  have  been  especially  active  in 
conducting  the  investigations  committed  to  their  charge. 
We  rejoice,  today,  in  the  consciousness  of  having  accom- 
plished something  definite  for  the  mining  industry,  and  in 
the  hope  of  doing  greater  things  in  the  future.  The  Ameri- 
can Mining  Congress  has  been  accorded  scant  recognition  in 
some  sections  of  the  country  during  the  years  passed,  partly 
on  account  of  its  aggressive  policies,  partly  on  account  of, 
manifest  indifference,  and  partly  on  account  of  the  men  who 
represented  these  policies.  Today  the  attitude  of  indiffer- 
ence is  passing,  and  we  include  among  our  members  many  of 
the  foremost  mine  operators  and  mining  engineers  of  the 
country,  all  of  whom  are  sharing  in  the  work  which  this  or- 
ganization is  carrying  on. 

On  the  first  of  May,  1910,  the  total  membership  was 
1,059.  This  organization  should  have  a  membership  of 
10,000,  and  one  of  the  most  important  activities  for  the  com- 
ing year  should  be  a  campaign  for  members,  carried  on  con- 
tinuously and  persistently. 

The  work  of  this  Congress  is  not  represented  by  its  pub- 
lication, as  is  the  American  Institute  of  Mining  Engineers, 
although  there  is  much  that  is  valuable  in  the  annual  pro- 
ceedings and  in  the  monthly  bulletins.  Its  primary  object 
is  not  the  publication  of  the  results  of  scientific  investiga- 
tions. It  is  an  association  of  men  interested  in  mining,  main- 
tained for  the  purpose  of  encouraging  mining  in  all  its  vari- 
ous phases  and  to  promote  a  spirit  of  co-operation  between 
the  mining  industry  and  agriculture,  manufacturing  and 
transportation,  to  the  end  that  the  development  of  these  in- 


•y 

198  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

dustries  may  be  mutually  helpful  and  that  each  may  receive 
from  the  other  and  from  the  Federal  and  State  governments 
its  just  proportion  of  encouragement  through  co-operation. 
Its  work  is  more  nearly  allied  to  that  of  the  Chambers  of 
Commerce  and  Mines  in  our  large  cities,  than  it  is  to  the 
scientific  associations  of  the  country.  The  fact  that  the 
members  have  not  received  pretentious  volumes  dealing 
with  the  mining  industry  may  have  led  some  to  believe  that 
they  were  not  receiving  adequate  returns  for  the  money  in- 
vested in  membership  fees  and  annual  dues.  On  the  other 
hand,  those  who  have  been  most  intimately  associated  with 
the  growth  of  the  organization  have  felt  that  its  objects  were 
not  only  worthy  of  their  money,  but  also  of  their  time  and 
talents.  "We  believe  that  most  mining  men  in  this  country, 
could  they  once  be  made  to  understand  the  unselfish  spirit 
prompting  the  men  who  are  carrying  on  the  work  of  this 
organization,  would  contribute,  not  only  their  money,  but 
what  is  vastly  more  important,  their  influence,  to  aid  in  the 
accomplishment  of  those  things  for  which  this  body  is  or- 
ganized. 

Finances. 

This  Congress  has  no  systematic  means  of  securing 
funds,  except  through  the  fees  and  annual  dues  of  members. 
These  alone  will  about  sustain  the  permanent  headquarters, 
paying  the  salary  of  the  Secretary  and  his  clerical  force.  The 
fund  obtained  in  this  way  has  never  been  adequate  to  carry 
on  legislative  campaigns  and  pay  the  expenses  contingent 
upon  the  annual  meeting.  The  campaign  for  the  Bureau  of 
Mines,  last  winter,  required  the  maintenance  of  an  office 
in  Washington  for  six  months,  and  the  almost  exclusive 
time  of  the  Secretary  and  a  clerk.  This  campaign  was  made 
possible  largely  through  the  efforts  of  the  Sierra  Madre  Club 
-of  Los  Angeles,  which  secured  voluntary  contributions  from 
mining  men  of  the  Southwest  sufficient  to  meet  these  ex- 
penses. During  the  coming  year  I  do  not  apprehend  that 
there  will  be  any  necessity  of  maintaining  headquarters  in 
Washington.  It  ought  to  be  possible  for  the  organization  to 
carry  on  such  legislative  work  as  may  be  necessary  from 


ANNUAL  ADDRESS  OF  THE   PRESIDENT.  199 

the  permanent  headquarters.  This  will  afford  the  Secretary 
an  opportunity  to  devote  his  time  and  attention  chiefly  to 
the  work  of  strengthening  the  membership  and  securing 
voluntary  contributions  to  provide  for  any  liabilities  which 
may  be  incurred  in  excess  of  the  receipts  from  annual  dues 
and  membership  fees. 

Permanent  Endowment. 

Many  of  the  great  fortunes  of  this  country  have  been 
accumulated  chiefly  as  the  result  of  the  development  of  the 
mineral  resources  of  this  country.  Yet  of  all  the  organizations 
of  this  country,  those  representing  mining  are  the  most  scan- 
tily endowed'.  The  American  Mining  Congress  should  have  a 
permanent,  invested  fund  of  $500,000,  the  income  from 
which  might  be  used  for  carrying  on  its  legitimate  work. 
I  know  of  no  greater  service  one  could  render  the  mining 
industry  than  the  creation  of  such  an  endowment.  Where 
could  one,  who  has  made  his  millions  out  of  the  mines  of 
this  country,  find  a  more  fitting  monument  ?  Are  there  not 
five  men  in  this  Southwestern  country  alone,  who  together 
could  provide  this  endowment? 

Branch  Organizations. 

Several  years  ago  the  Mining  Congress  provided  for  the 
establishment  of  branches  in  the  mining  centers  of  the  coun- 
try. Several  branches  have  already  been  organized,  and 
others  are  in  prospect.  There  appears  to  be  no  reason  why 
many  of  the  local  mining  organizations  should  not  affiliate 
with  the  Mining  Congress,  thereby  serving  the  industry  at 
large  and  securing  for  themselves  the  close  and  intimate 
co-operation  of  the  national  organization.  Undoubtedly 
there  are  many  questions  of  a  local  character  which  cannot 
be  dealt  with  through  the  national  organization,  but  that 
organization  might  render  important  service  to  the  local 
branches  in  solving  these  very  problems.  The  organiza- 
tion of  local  branches  cannot  be  easily  effected  without  hav- 
ing a  representative  of  the  national  organization  on  the 


200  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

ground.  For  this  reason  it  is  thought  that  in  conjunction 
with  the  work  for  members  during  the  coming  year  the  Sec- 
retary might  devote  a  portion  of  his  time  profitably  to  the 
organization  of  branches. 

Permanent  Headquarters. 

At  the  Portland  convention,  after  a  most  strenuous  con- 
test, permanent  headquarters  were  established  in  Denver. 
This  action  was  taken  with  the  understanding  that  the  State 
of  Colorado  and  the  City  of  Denver  should  provide  amply 
for  the  housing  and  care  of  such  headquarters  as  might  be 
required  to  carry  on  the  work  of  the  organization.  The  per- 
manent headquarters  of  this  association  are  a  credit  to  any 
city,  to  any  state,  and  I  believe  that  any  city  or  state  that 
has  been  neglectful  of  its  obligation  should  be  reminded  of 
the  fact  that  there  are  other  states  and  other  cities  which 
will  not  only  be  willing  but  glad  to  assume  any  measure  of 
responsibility  necessary  to  maintain  this  organization.  The 
people  in  whose  midst  the  permanent  headquarters  are  now 
located  should  be  called  upon  to  give  renewed  assurances 
that  the  obligations  which  they  imposed  upon  themselves  at 
the  Portland  convention  will  be  adequately  and  fully  met  in 
the  future. 

The  Federal  Bureau  of  Mines. 

After  thirteen  years  of  agitation  for  recognition  by  the 
Federal  government,  ten  years  of  which  was  spent  in  a  hope- 
less struggle  for  a  Department  of  Mines  with  its  head  a  mem- 
ber of  the  President's  cabinet,  there  has  been  created  a 
Bureau  of  Mines,  for  the  maintenance  of  which  $502,200  has 
been  appropriated.  I  can  only  believe  that  it  was  through 
some  misunderstanding  on  the  part  of  our  representatives  in 
Congress  that  the  appropriation  for  the  investigation  of  the 
structural  materials  was  made  to  the  Bureau  of  Standards 
rather  than  to  the  Bureau  of  Mines.  These  investigations 
clearly  belong  to  the  Bureau  of  Mines  and  there  should  be 
little  difficulty  in  having  Congress  direct  any  subsequent 
appropriations  into  the  proper  channels.  The  Bureau  of 


ANNUAL  ADDRESS  OF  THE  PRESIDENT.         201 

Mines  has  been  created  on  broad  principles  which,  will  per- 
mit of  carrying  on  any  technological  investigations  which 
may  be  construed  as  being  pertinent  to  the  mining  industry. 
In  importance  it  stands  equal  to  the  long-established  Geolog- 
ical Survey,  which  has  rendered  much  important  service  to 
the  mining  industry  in  the  field  of  exploration.  The  appro- 
priations made  by  Congress  for  the  inauguration  of  the  work 
of  the  Bureau  of  Mines  have  been  dedicated  chiefly  to  such 
investigations  as  have  been  demanded  by  the  coal  mining 
interests.  Mining  men,  as  well  as  the  public,  are  unanimous 
in  their  approval  of  these  specific  appropriations  which 
have  been  made  chiefly  in  the  interest  of  humanity.  This 
meeting  should  express  its  grateful  appreciation  to  the  Sen- 
ators and  Representatives  who  were  specially  active  in  se- 
curing the  passage  of  the  Bureau  of  Mines  bill.  We  should 
also  convey  to  the  President,  William  H.  Taft,  our  thanks 
for  the  recognition  accorded  this  body  in  the  appointment 
of  the  first  Director  of  that  Bureau. 

We  are  still  far  removed  from  a  Department  of  Mines 
with  Cabinet  representation,  although,  in  the  natural  course 
of  events,  its  necessity  must  some  day  be  conceded  by  those 
in  whose  hands  is  placed  the  power  of  its  creation.  Let  us 
lay  this  ambition  aside  for  the  present  and  give  our  undi- 
vided attention  to  securing  for  the  Bureau  of  Mines  that  fi- 
nancial support  to  which  it  is  entitled.  This  Bureau  must 
grow,  as  all  other  institutions  have  grown,  but  it  is  our 
duty  to  see  that  it  is  properly  nourished,  and  herein,  for  the 
present,  we  can  perform  a  most  useful  service. 

The  mining  industry  is'  now  represented  by  two  Fed- 
eral bureaus  of  equal  importance ;  one  of  which  is  concerned 
with  those  activities  which  are  exploratory  in  nature  and 
the  other  of  which  is  concerned  with  such  activities  as  may 
be  termed  operative,  or  technological.  Because  this  associ- 
ation has  been  active  in  the  creation  of  the  Bureau  of  Mines 
is  no  reason  that  it  should  forget  its  obligations  to  or  withold 
its  support  from  the  Geological  Survey.  Neither  should  we 
in  any  way  permit  the  personnel  of  the  Bureaus  to  influence 
our  activities  in  behalf  of  either.  It  is  not  easy  to  believe 


202  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

that  in  opposing  the  appointment  of  the  Director  of  the 
Bureau  of  Mines,  that  the  Director  of  the  Geological  Sur- 
vey was  actuated  by  any  selfish  motive.  I  confidently  be- 
lieve that  he  was  only  fearful  lest  there  might  not  be  that 
close  cc-operation  between  the  two  Bureaus  which  appears 
to  be  so  essential  to  the  success  of  both.  This  body  may  be 
of  great  service  to  the  mining  industry  in  demanding  a  spirit 
of  friendly  co-operation,  which  is  necessary  to  the  highest 
accomplishment  of  both.  There  must  be  no  spirit  of  ri- 
valry, and  should  any  feeling  of  jealousy  arise  between  the 
men  in  charge  of  these  Bureaus,  we  must  forget  the  men  and 
remember  only  the  institutions  which  they  represent. 

From  diligent  inquiry,  I  find  that  there  are  many  funda- 
mental problems  connected  with  the  treatment  of  ores  in  the 
Western  mining  camps  awaiting  such  investigations  as  ap- 
pear pertinent  to  the  Bureau  of  Mines.  In  my  own  state,  for 
example,  I  am  confident  that  of  all  the  zinc  in  the  ground 
mined  over,  not  to  exceed  thirty  per  cent  has  ever  reached 
the  consumer  in  the  shape  of  the  finished  products.  Such  a 
condition  should  be  a  matter  of  concern  to  every-one,  and 
there  should  be  no  one  so  short-sighted  as  to  oppose  any  in- 
vestigation, federal,  state  or  private,  which  has  for  its  pur- 
pose an  increase  in  the  percentage  of  recovery  of  this  or  any 
other  metal. 

I  commend  to  you  for  your  consideration  the  desirabil- 
ity of  urging  upon  Congress  the  making  of  appropriations  to 
the  Bureau  of  Mines  for  carrying  on  investigations  in  the 
various  metal  mining  districts,  where  losses  of  this  nature 
are  evident. 

Experimental  Stations. 

I  have  yet  to  hear  any  well-founded  argument  against 
the  establishment  of  experimental  stations  by  the  Federal 
government  to  assist  in  solving  the  more  difficult  problems 
of  ore  concentration.  Neither  do  I  know  of  any  good  reason 
why  the  Federal  government  should  not  appropriate  money 
to  assist  in  the  maintenance  of  those  experimental  plants  al- 
ready established  in  connection  with  the  various  state 
Schools  of  Mines.  This  body  has  at  different  sessions  con- 


ANNUAL  ADDRESS  OP  THE  PRESIDENT,        203 

sidered  this  question  and  it  is  again  presented  to  you  for 
your  consideration. 

Revision  of  the  Mineral  Land  Laws. 

In  connection  with  a  revision  of  our  mineral  land  laws 
there  appears  to  be  much  difference  of  opinion  as  to  what  is 
most  desirable.  It  is  evident  that  there  is  at  present  too 
much  litigation  in  perfecting  and  retaining  titles  to  mineral 
lands  and  this  appears  to  be  attributable  to  the  nature  of  our 
Federal  and  State  laws.  There  also  appears  to  be  dissatis- 
faction in  the  classification  of  the  lands  of  the  public  domain, 
especially  as  pertains  to  the  ruling  of  the  Forestry  Service. 
Further,  it  is  well  known  to  those  who  are  acquainted  with 
conditions  in  some  of  the  larger  mining  camps,  that  much 
promising  land  is  tied  up  through  ownership  by  extinct  cor- 
porations, through  ownership  under  more  or  less  question- 
able tax  titles,  through  ownership  by  a  widely  scattered 
number  of  co-tenants,  and  in  estates  which  have  not  been 
administered  .upon.  In  the  case  of  Leadville,  Colorado,  for 
example,  a  camp  of  about  forty  square  miles,  it  is  believed 
that  the  ores  are  widely  distributed,;  from  the  overlying 
white  porphyry  to  the  granite  beneath*.'  There  are  perhaps 
5,000  mining  claims  in  this  camp,  and  jtet  a  very;  small  por- 
tion of  these  are  being  developed  or  even  exploded.  They 
are  owned  in  every  supposable  variety  .of  manner, 'and  in  a 
great  many  cases  it  would  probably  be  impossible  to  find  all 
of  the  owners  and  when  found  it  would  not  be  uncommon 
to  find  that  they  would  be  unwilling  to  co-operate  with  each 
other  in  any  plan  to  mine  or  prospect  the  property.  In  a 
great  many  cases  the  owners  pursue  their  legal  rights  to 
await  development  of  the  property  until  adjacent  properties 
may  have  disclosed  something  of  value,  believing  it  to  be  to 
their  ultimate  interest  to  do  so.  The  result  of  this  condition 
is  that  more  than  one-half  of  the  desirable  mining  property 
in  this  district  is  in  a  sort  of  dead-lock  condition,  such  that 
no  one  can  develop  the  same.  It  is  not  my  purpose  to  offer 
any  solution  of  this  problem,  but  would  respectfully  call 
your  attention  to  the  report  of  the  committee  on  the  Revision 


204         ,     PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

of  our  Mineral  Land  Laws,  in  which  they  recommend  that 
this  body  urge  upon  Congress  a  general  revision  of  the  min- 
eral land  laws.  It  is  apparent  to  the  committee  that  it  will 
be  practically  impossible  to  correct  one  fault  without 
straightening  out  the  entire  code.  It  is  evident  that  this  or- 
ganization should  seriously  consider  the  recommendation  of 
a  general  revision,  abandoning  the  idea  of  a  patchwork. 

• 
Free  Assaying. 

There  is  also  the  question  of  establishing  assay  labo- 
ratories under  the  Bureau  of  Mines  for  the  making  of  free 
assays  in  the  case  of  undeveloped  properties.  This  as  well 
as  the  proposition  for  the  establishment  of  experimental  sta- 
tions has  been  objected  to  by  mining  engineers  d,nd  profes- 
sional assayers  on  the  ground  that  it  would  be  an  infringe- 
ment upon  the  work  of  a  well  established  profession.  How- 
ever this  may  be,  it  must  be  conceded  that  some  remedy  is 
needed  for  a  condition  whereby  thousands  of  dollars  are 
squandered  annually,  as  a  result  of  the  encouragement  given 
prospectors  by  private  laboratories  reporting  fictitious  val- 
ues in  samples  submitted  for  assay.  I  believe  that  this  body 
should  urge  one  of  two  things  to  protect  the  prospector  from 
the  deception  of  unreliable  assayers;  either  the  establish- 
ment of  free  assay  laboratories  by  the  Federal  government 
or  the  licensing  of  assay  laboratories  and  their  maintenance 
under  a  system  of  State  inspection. 

The  Pseudo-Professional  Expert. 

The  mining  industry  has  suffered  for  years  from  the 
pseudo-professional  man  who  lends  himself  to  the  support 
of  fake  mining  propositions,  furnishing  the  most  alluring 
reports  at  so  much  per  thousand  words.  Scattered  over  the 
length  and  breadth  of  this  land  are  men  of  no  training  and 
less  knowledge  of  mining  who  sell  themselves  to  the  un- 
scrupulous dealer  in  mining  propositions.  The  public  at 
large  has  little  acquaintance  with  the  professional  standing 
of  the  various  individuals  who  make  reports  upon  mining 


ANNUAL  ADDRESS  OF  THE  PRESIDENT.        205 

properties,  the  name  of  one  man  looking  as  good  as  that  of 
another  provided  he  has  appended  thereto  the  letters  E.  M. 
Most  people  are  unable  to  read  understandingly  the  report 
of  an  engineer.  This  being  the  condition  of  the  public,  it  is 
often  led  to  invest  in  worthless  properties  through  the  silver- 
lined  reports  of  these  pseudo-professional  men.  There 
should  be  some  way  of  publicly  branding  these  fakers,  for 
they  are  often  more  dangerous  than  the  promoter  whose 
mine  is  merely  a  castle  in  the  air.  How  best  to  bring  about 
a  change  in  this  condition  is  a  matter  worthy  of  your  con- 
sideration. 

Fake  Promotion. 

As  a  result  of  the  activities  of  this  organization  several 
of  the  states  have  enacted  laws  to  punish  the  man  who  han- 
dles mining  stocks  with  the  purpose  of  defrauding  the  pub- 
lic. There  is  a  wide  difference  between  investing  in  mines 
and  investing  in  mining  companies.  It  has  been  conserva- 
tively estimated  that  it  costs  50  per  cent  of  the  selling  re- 
ceipts to  meet  the  expense  of  such  sales;  and  while  it  might 
be  possible  to  estimate  the  amount  of  money  going  into 
mining  propositions  it  is  not  easy  to  determine  how  much  is 
going  into  actual  mining.  Over-capitalization  of  many 
otherwise  meritorious  mining  propositions  has  long  beei' 
practiced,  and  I  believe  that  another  method  of  restoring 
confidence  in  the  mining  business  would  be  to  urge  upon  the 
several  states  the  enactment  of  laws  which  would  prevent 
this  imposition  from  being  practiced  upon  the  investing 
public.  I  would  respectfully  call  your  attention  to  the  advis- 
ability of  recommending  the  enactment  of  laws  taxing  min- 
ing ventures  on  their  stock  issued,  as  suggested  by  Mr. 
Everett  at  the  fourth  annual  session. 

We  should  devote  some  of  our  time  to  a  proper  treat- 
ment of  the  public,  which  "is  so  directly  interested  in  this 
industry  and  in  which  the  industry  is  so  directly  interested. ' ' 
The  record  of  successes  and  failures  of  all  industrial  enter- 
prises shows  that  the  mining  business  offers  fewer  chances 
of  failure  than  most  commercial  undertakings.  It  requires 
no  more  capital,  there  is  less  competition,  less  danger  of 


206  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

over  production,  and  always  a  market  for  the  products.  But 
like  any  other  venture,  it  must  be  run  on  business  principles 
or  it  will  fail.  Chance  usually  plays  an  important  part  in 
the  original  discovery,  but  it  is  the  application  of  business 
methods  that  makes  the  operations  successful. 

Employer's  Liability  Laws. 

In  that  masterful  address  by  David  Eoss  of  Illinois  at 
the  twelfth  annual  session  of  this  organization  on  Employ- 
er's Liability  Laws  it  was  pointed  out  that  under  our  pres- 
ent system  of  judicial  procedure  the  burden  of  proving  neg- 
ligence, upon  which  the  recovery  of  damages  in  the  case  of 
accident  depends,  rests  upon  the  plaintiff.  The  difficulties 
surrounding  the  producing  of  this  evidence  and  the  conse- 
quent practical  impossibility  of  securing  reasonable  and  just 
compensation  for  injury  through  the  strictest  employer's 
liability  laws,  are  evident  to  any  one  who  has  come  in  con- 
tact with  such  proceedings.  It  appears  to  me  to  be  within 
the  province  of  this  body  to  consider  this  subject  and  sug- 
gest any  plan  thought  desirable  to  adjudicate  such  claims. 
This  question  has  been  under  consideration  by  the  committee 
on  "Coal  Tax  Insurance  Fund"  for  a  year,  and  to  this  re- 
port your  earnest  attention  is  invited.  Let  us,  as  a  repre- 
sentative body  of  mining  men,  not  only  reach  out  with  our 
influence  to  secure  such  legislation  as  may  lessen  the  dan- 
gers attendant  upon  mine  explosions,  but  also  let  us  give 
our  influence  to  the  perfecting  of  plans  whereby  the  laborer 
and  his  family  may  be  adequately  compensated,  in  case  of 
injury  or  death. 

Mine  Inspection  Laws. 

Uniformity  of  State  laws  governing  mine  inspection  will 
be  the  subject  of  a  report  by  one  of  the  standing  committees. 
The  laws  regulating  mining  are  as  many  and  as  varied  as 
there  are  mining  states.  Many  of  the  provisiqns  of  these 
laws  might  be  made  uniform  throughout  the  country,  in 
spite  of  varying  local  conditions.  The  recommendations  of 
this  committee  should  be  carefully  considered,  both  from 
the  standpoint  of  the  operator  and  the  miner,  recognizing 


ANNUAL  ADDRESS  OF  THE  PRESIDENT.        207 

at  all  times  the  varying  conditions  to  be  met  in  the  different 
districts. 

Mine  Sanitation. 

While  we  are  giving  attention  to  safety  in  mining  we 
should  not  forget  the  question  of  health  arising  from  the 
ordinary  conditions  existing  in  the  mines,  both  coal  and 
metal.  The  breathing  of  dust  from  drilling  machines  and 
from  illuminants,  and  also  from  deteriorated  air,  is  harmful 
to  those  who  spend  their  nights  or  days  beneath  the  surface. 

It  is  possible  that  something  might  be  done  to  better  the 
conditions  in  the  way  of  sanitation  and  ventilation,  whereby 
the  occupation  of  mining  might  be  less  dangerous  to  the 
health  of  the  miner.  The  use  of  a  different  illuminant  and 
the  invention  of  a  drill,  which  will  lessen  the  amount  of  dust, 
will  go  a  long  way  towards  rectifying  these  conditions. 
These  are  pertinent  subjects  for  the  investigation  of  the 
Bureau  of  Mines. 

Mining  Education. 

This  organization  should  express  its  continued  interest 
in  mining  education.  The  public,  let  alone  those  engaged  in 
the  business  of  mining,  know  too  Mttle  about  even  the  ele- 
ments of  mining.  The  establishment  and  maintenance  of 
mining  schools  in  many  of  our  states  has  been  a  struggle 
against  the  widespread  demand  for  agricultural  and  general 
engineering  education,  which,  of  late  years,  has  swept  the 
country.  We  maintain  that  mining  is  as  important  to  the 
industrial  development  of  the  country  as  agriculture,  and 
there  is  no  reason  why  our  government  should  not  provide 
as  liberally  for  the  one  as  for  the  other.  It  is  surprising  to 
learn  how  little  is  known  by  pupils  of  the  public  schools  in 
mining  districts  about  the  industry  which  is  such  a  conspic- 
uous part  of  the  every  day  life  of  the  people  with  whom  they 
live.  If  the  people  in  the  future  are  to  have  a  better  appre- 
ciation of  the  mining  industry,  there  should  be  some  general 
instruction  in  the  public  schools  that  will  direct  their  atten- 
tion to  that  industry. 

Your  attention  is  called  to  the  need  for  more  trade 
schools,  wherein  artisans  may  receive  instruction  in  their 


208  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

several  trades  during  short  vacation  periods.  In  agricul- 
ture, short  courses  are  being  provided  for  the  benefit  of  the 
farmer  who  has  not  had  the  opportunity  to  take  a  regular 
University  course  of  instruction.  Why  should  there  not  be 
established  in  connection  with  our  Schools  of  Mines,  similar 
departments,  with  no  requirements  for  entrance,  except  a 
desire  for  knowledge.  The  Mining  Congress  should  have  a 
standing  committee  on  mining  education  whose  duty  it 
should  be  to  encourage  the  dissemination  of  knowledge  rel- 
ative to  mining  and  the  allied  industries,  both  as  pertains 
to  the  public  schools  and  our  Schools  of  Mines.  They  should 
do  all  in  their  power  to  assist  the  schools  to  secure  adequate 
assistance  from  the  State  and  Federal  authorities. 

Mining  Stocks. 

One  who  has  given  any  attention  to  the  price  of  mining 
stocks,  as  quoted  on  the  various  exchanges  of  the  country, 
cannot  help  but  be  struck  with  their  constant  fluctuations, 
regardless  of  the  actual  changes  in  the  condition  of  the  prop- 
erties. Stock  which  is  quoted  at  fifty  today  may  be  fifty- 
five  tomorrow,  and  within  a  week  it  may  be  sixty,  with  no 
actual  change  in  the  value  of  the  property  itself.  The  price 
of  mining  stocks  does  not  depend  altogether  upon  the  earn- 
ing power  of  the  property.  The  fluctuations  are  the  result 
of  buying  and  selling,  chiefly  on  margins,  which  is  nothing 
more  nor  less  than  gambling.  The  business  conditions  of 
the  country  would  be  vastly  improved  were  it  possible  to 
eliminate  this  speculative  element  from  our  industrial  ac- 
tivities. There  is  now  a  movement  on  foot  led  by  the  Min- 
ing and  Metallurgical  Society  of  America,  to  provide  the 
New  York  Curb  Exchange  with  authentic  reports  concern- 
ing the  actual  condition  of  mining  properties  listed  on  the 
Exchange.  This  proposition  ought  to  receive  the  hearty  en- 
dorsement of  the  Mining  Congress,  and  any  assistance  that 
can  be  rendered  should  be  offered  our  sister  organization  in 
her  efforts  to  bring  this  about. 

The  reports  of  many  mining  companies  are  very  meager 
as  to  earnings  and  reserves,  on  account  of  which  stockhold- 
ers are  poorly  or  not  at  all  acquainted  with  the  condition  of 


ANNUAL  ADDRESS  OF  THE  PRESIDENT.        209 

the  properties  in  which  they  have  invested  their  money. 
What  rights  have  the  individual  stockholders  in  a  mining 
company  ?  In  what  respect  do  the  rights  of  the  minor  stock- 
holder vary  from  the  rights  of  the  majority  stockholder?  I 
conceive  that  the  least  owner  of  stock  is  as  must  entitled  to 
know  the  standing  of  the  affairs  of  a  company  as  the  great- 
est. The  suppression  of  information  by  the  officers  or  di- 
rectors from  the  stockholders  is  dishonorable  and  dishonest, 
and  should  be  condemned  by  this  body.  I  trust  that  there 
may  be  some  way  suggested  by  which  this  body  can  assist  in 
bringing  about  a  better,  safer,  sounder  condition  in  the  stock 
markets  of  the  country.  I  may  suggest  that  one  way  of  do- 
ing this  is  to  urge  upon  the  various  companies  the  impor- 
tance of  issuing  printed  monthly  or  bi-monthly  reports  cov- 
ering in  detail  the  condition  of  the  property. 

Conservation. 

During  the  past  few  years  much  has  been  said  and  writ- 
ten upon  the  subject  of  conservation  of  our  natural  resources. 
It  is  an  old  subject,  almost  as  old  as  civilization.  It  is  a 
question  of  extravagance ;  a  question  of  wasteful  and  luxur- 
ious living.  We  have  been  and  are  today  living  in  a  land  of 
plenty,  and  perhaps  too  little  thought  has  been  given  to  the 
careful  exploitation  of  our  natural  resources.  The  great 
corporations  of  the  country  are  being  looked  upon  by  the 
public  as  the  destructive  agents  of  the  present  generation. 
Strange  as  it  may  seem  to  some,  in  the  mining  industry,  at 
least,  they  are  the  least  wasteful  of  the  natural  resources, 
which  they  are  engaged  in  exploiting;  although  the  individ- 
ual may,  in  his  personal  habits,  be  criminally  extravagant, 
and  the  corporation  may  enter  into  harmful  combinations  in 
restraint  of  trade.  I  do  not  think  that  the  waste  in  mining 
can  be  charged  against  any  class;  the  poor  and  the  rich,  the 
individual  and  the  corporation,  should  each  be  held  account- 
able for  his  part  of  the  consumption  of  commodities  which 
are  necessary  to  our  conception  of  the  highest  type  of 
civilization. 

There  appears  to  have  been  some  confusion  of  the  ques- 
tion of  conservation  with  that  of  ownership  of  the  public  do- 


210  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

main.  They  undoubtedly  have  some  relation  to  each  other, 
but  in  their  fundamental  natures  they  are  distinct  problems. 
Dr.  T.  C.  Chamberlain  of  the  University  of  Chicago  has  re- 
cently made  the  point,  and  rightly  I  believe,  that  ' '  Conser- 
vation of  our  natural  resources  centers  in  the  scientific  and 
technical/'  while  "the  right  of  ownership  and  the  most  de- 
sirable distribution  of  ownership  center  in  the  political  and 
sociological. ' '  This  means  that  whenever  it  shall  have  been 
determined  whether  the  lands  of  the  public  domain  shall  be 
owned  or  leased  by  the  individual,  company  or  corporation, 
we  will  still  be  confronted  with  the  question  of  conservation. 

As  far  as  the  conservation  of  our  mineral  resources  is 
concerned,  it  must  be  conceded  that  such  ownership  or  dis- 
tribution of  ownership  as  will  result  in  the  least  waste,  is 
theoretically  the  most  desirable.  Whether  the  government 
should  use  the  lands  of  the  public  domain  as  a  source  of  rev- 
enue, regardless  of  whether  or  not  the  result  would  be  less 
waste,  is  a  question  involving  other  fundamental  principles 
for  its  settlement. 

This  organization  is  vitally  interested  in  conservation^ 
as  well  as  in  the  question  of  the  disposition  of  the  public  do- 
main, in  so  far  as  it  affects  the  mining  industry.  I  do  not 
wish  it  to  be  understood  that  this  body  has  less  to  do  with 
the  one  than  with  the  other,  but  this  I  do  wish  to  emphasize, 
that  in  dealing  with  these  questions,  by  resolution  or  other- 
wise, consider  them  apart  from  each  other  as  far  as  possible. 

Feeling  that  this  Congress  should  have  a  part  in  shaping 
any  legislation  which  may  be  in  the  interests  of  conserva- 
tion or  which  may  deal  with  the  disposition  of  the  public 
lands,  we  have  invited  some  of  the  most  thoughtful  men  of 
the  country  to  address  you  on  these  important  subjects. 
What  they  say  may  in  some  way  help  to  clear  our  minds  as 
to  what  policy,  while  being  just  to  the  present  generation 
will  be  best  for  the  future  welfare  of  the  nation. 

Four  things  appear  to  be  perfectly  clear  in  a  considera- 
tion of  the  conservation  problem.  First,  as  mining  men  we 
cannot  afford  to  have  the  government  enact  legislation 
which  will  make  the  occupation  of  mining  more  hazardous 
than  it  is,  either  respecting  the  protection  of  life,  or  the  in- 


ANNUAL  ADDRESS  OF  THE  PRESIDENT.        211 

vestment  of  money;  second,  that  nothing  shall  be  done  that 
will  in  any  way  retard  the  development  of  our  manufac- 
turing industries  that  depend  upon  the  products  of  the 
mines  for  their  business;  third,  that  everything  possible  be 
done  to  increase  the  percentage  of  metals  that  can  be  re- 
covered from  the  ore  bodies  and  from  deposits  of  coal,  oil 
and  gas;  fourth,  to  bring  about  as  quickly  as  possible  the 
use  of  substitutes  for  the  present  sources  of  power  and  for 
the  metals  which  are  supposed  to  be  very  limited  in  quan- 
tity. There  should  be  the  fullest  development  of  our  min- 
eral resources,  under  such  Federal  or  State  co-operation 
and  regulations-  as  will  insure  the  maximum  elimination  of 
waste,  it  being  agreed  that  our  mineral  resources  should  be 
exploited  with  intelligence,  and  in  a  fair  and  upright  man- 

ner-  •  Uh  u;Ui' 

The  attention  of  the  public  has  been  directed  especially 
to  the  consumption  of  the  mineral  fuels,  for  upon  these,  per- 
haps, more  than  anything  else,  depends  the  future  of  our 
manufacturing,  transportation  and  commerce.  It  is  evident 
that  it  requires  a  constantly  increasing  quantity  of  power 
to  maintain  manufactures,  transportation  and  commerce; 
and  as  long  as  this  power  is  supplied  by  coal,  oil  and  gas, 
legislation  which  either  increases  the  price  of  these  or  re- 
moves them  from  exploitation,  can  lessen  their  consumption 
only  by  increasing  the  price  of  manufactured  commodities 
or  by  lessening  the  volume  of  business. 

If  it  is  desired  to  bring  about  a  decrease  in  the  consump- 
tion of  the  mineral  fuels,  without  lessening  the  growth  of 
our  manufacturing  industries  or  increasing  the  cost  of  com- 
modities, one  of  two  things  must  happen:  the  efficiency  of 
the  mineral  fuels  must  be  increased,  or  substitutes  for  the 
mineral  fuels  must  be  made  available.  The  waste  in  mining 
is  said  to  approximate  50  per  cent.  This  waste,  however, 
cannot  be  decreased  beyond  a  point  where  mining  becomes 
profitable.  Under  the  present  conditions  of  the  industry 
there  appear  to  be  five  ways  in  which  this  waste  may  be 
lessened,  viz.,  by  improved  methods  of  mining,  by  decreas- 
ing the  profits,  by  increasing  the  price  of  coal  to  the  con- 
sumer, by  reducing  the  price  of  labor  and  by  securing 


212  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

markets  for  the  poorer  grades  of  coal.  In  the  direction  of 
improved  methods  of  mining  and  marketing  the  poorer 
grades  of  coal,  the  Bureau  of  Mines  should  be  of  assistance. 
In  some  of  the  other  directions  there  may  be  an  opportunity 
to  decrease  waste,  but  these  are  matters  which  require  in- 
vestigation. There  is  a  fixed  amount  of  energy  stored  up 
in  the  mineral  fuels  of  the  country  and  no  device  of  man  will 
be  able  to  increase  this  amount.  In  simple  terms  then,  it  is 
a  problem  of  making  this  fuel  supply  last  as  long  as  possible 
or  until  such  time  as  there  may  be  no  need  for  it.  To  bring 
this  about  something  can  be  done  by  eliminating  waste; 
something  can  be  done  by  prohibiting  exportation;  some- 
thing can  be  done  by  increasing  the  efficiency  of  these  fuels 
when  burned  under  boilers;  something  can  be  done  by  dis- 
covering new  sources  of  power  or  by  encouraging  the  use 
of  other  powers  now  known  but  as  yet  imperfectly  devel- 
oped. 

In  searching  for  ways  and  means  of  eliminating  waste 
in  mining;  in  the  investigation  of  ways  and  means  of  secur- 
ing greater  efficiency,  more  heat  and  power,  from  the  min- 
eral fuels;  in  the  investigation  of  new  sources  of  heat  and 
energy  and  in  making  available  other  known  sources  there 
is  a  vast  and  important  field  for  governmental  activity. 

In  this  connection  I  cannot  help  but  refer  to  the  utiliza- 
tion of  our  water  powers.  It  has  been  estimated  that  the 
water  powers  of  our  streams  are  capable  of  producing  about 
30,000,000  horse  power;  more  than  is  necessary  to  turn  every 
wheel  of  industry  in  the  country.  Of  course  some  of  this 
power  is  not  at  present  available  and  probably  will  not  be 
for  generations  to  come.  But  much  of  it  is,  and  such  power 
should  be  used,  since  the  quantity  available  from  day  to 
day  will  not  dimmish  but  that  which  is  not  used  today  is 
lost  forever.  It  appears  to  me  to  be  very  important  that 
the  development  of  the  water  powers  of  the  country  should 
be  encouraged  to  such  extent  that  the  increasing  demand 
for  coal  and  the  other  mineral  fuels  may  be  lessened.  Per- 
mitting the  water  powers  to  remain  idle  is  the  greatest  waste 
of  energy  that  is  being  recorded  on  the  continent  today. 

The  man  who  is  engaged  in  mining  is  also  interested  in 


ANNUAL  ADDRESS  OP  THE  PRESIDENT.        213 

conservation  as  it  affects  our  forestry  policy.  I  think  that 
everyone  is  interested  in  the  conservation  of  our  forests; 
that  is,  the  protection  of  our  timber  supply  against  the  waste 
and  destruction  which  have  marked  the  advent  of  the  lum- 
berman in  his  march  across  the  continent.  On  the  other 
hand,  the  rulings  of  the  Forestry  Bureau  have,  in  some  in- 
stances, caused  unnecessary  hardships  to  the  meo  engaged 
in  mining  who  have  sought  to  secure  timber  for  their  legiti- 
mate operations.  This  may  not  be  due  so  much  to  the  rul- 
ings of  the  Forestry  Bureau  as  to  the  placing  in  the  hands 
of  incompetent  and  irresponsible  forest  rangers  the  author- 
ity to  interpret  and  enforce  these  regulations.  It  appears 
that  there  should  be  some  easy  and  quick  method  of  supply- 
ing those  engaged  in  mining  with  the  timber  necessary  to 
carry  on  their  operations.  The  adjustment  of  these  diffi-, 
culties  ought  to  be  brought  about  with  satisfaction  to  all 
concerned,  through  the  medium  of  the  Bureau  of  Mines, 
which  should  represent  the  mining  industry  in  all  questions 
of  this  character. 

As  in  the  'case  of  fuels,  there  will  be  no  diminution  in 
the  amount  of  timber  cut  and  manufactured  into  lumber  un- 
til the  public  is  supplied  with  materials  for  building  which 
will  be  equally  as  satisfactory  and  as  cheap  as  lumber,  or 
until  the  demand  for  structural  materials  shall  lessen.  No 
one  anticipates  a  time  when  the  demand  for  building  ma 
terials  will  lessen,  for  that  means  business  stagnation  and 
industrial  decadence.  However,  we  all  look  forward  to  the 
time  when  brick,  tile,  terra  cotta  and  concrete  can  be  used  in 
building  construction  at  a  cost  which  will  not  exceed  that 
now  paid  for  lumber.  We  possess  stone  and  clay  in  unlim- 
ited quantities,  and  from  these  can  be  manufactured  all  the 
structural  materials  that  will  be  needed  by  our  civilization 
for  ages  to  come.  The  increased  use  of  these  materials  will 
lessen  the  demand  for  wood  and  to  that  extent  conserve  this 
fast  diminishing  resource.  One  of  the  great  problems  of 
the  present  day  is  to  discover  methods  of  manufacturing 
brick,  tile,  cement,  lime  and  other  structural  materials  which 
will  so  cheapen  their  cost  that  the  public  will  prefer  them  to 
wood  from  the  standpoint  of  economy.  This  may  require 


214  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

years  of  patient  research,  but  to  this  end  the  Federal  and 
State  authorities  should  lend  their  generous  support.  How- 
ever, as  long  as  wood  can  be  obtained  at  less  cost  than  these 
more  durable  materials,  it  will  be  used  by  the  public  and  no 
legislation,  Federal  or  State,  can  prevent  a  gradual  diminu- 
tion in  our  forest  reserves  outside  of  the  public  domain. 

Among  our  metal  resources  iron  and  steel,  from  an  in- 
dustrial standpoint,  may  be  considered  the  most  important. 
The  rapidity  with  which  our  known  iron  ore  reserves  are 
being  exploited  may  justify  the  apprehension  that  within  a 
century  or  two  this  material  will  be  insufficient  to  supply 
the  demands  of  industry.  There  are,  however,  vast  quanti- 
ties of  low-grade  iron  ore  which  have  been  ignored  in  most 
estimates  of  iron  ore  reserves.  It  is  believed  that  these  ores 
will  become  available  through  improved  processes  of  con- 
centration or  smelting  by  the  time  the  richer  deposits  fail 
to  supply  the  demands  of  the  iron  and  steel  industry.  Be- 
fore all  of  our  iron  ores  are  exhausted  undoubtedly  other 
materials  will  have  been  discovered  which  will  serve  as  sub- 
stitutes for  iron  and  steel.  We  know,  for  example,  that 
aluminum,  which  is  now  produced  in  limited  quantities 
from  the  oxide  of  that  metal,  can  be  used  in  many  places  as 
a  substitute  for  steel  and  iron.  There  are  unlimited  quanti- 
ties of  aluminum  combined  with  silica  in  the  form  which 
we  know  as  clay.  In  quantity  it  is  as  nearly  inexhaustible 
as  any  material  we  have.  I  feel  confident  that  some  day 
we  will  know  how  to  separate,  commercially,  the  aluminum 
from  the  silica,  thereby  providing  a  metal  substitute  for  iron 
and  steel.  The  accomplishment  of  this  will  add  more  to  our 
metal  resources  than  can  ever  be  expected  from  a  mere  pro- 
cess of  saving.  When  aerial  navigation  shall  have  been  suc- 
cessfully developed,  and  there  shall  have  been  discovered 
a  process  by  which  aluminum  can  be  obtained  from  clay  on 
a  commercial  basis,  the  problem  of  our  future  iron  supply 
will  have  been  practically  solved. 

In  the  present  stage  of  our  industrial  development  cop- 
per is  an  extremely  important  factor.  There  is  every  evi- 
dence at  the  present  that  this  material  occurs  in  sufficient 
abundance  to  meet  all  of  our  industrial  demands  for  many 


ANNUAL  ADDRESS  OP  THE  PRESIDENT.        215 

decades  to  come.  The  demand  for  this  metal  will  increase 
with  the  development  of  the  wireless  telegraph,  the  wireless 
telephone  and  the  storage  battery  cars.  With  the  develop- 
ment of  these  new  methods  of  transmission  I  confidently 
anticipate  that  the  time  will  come  when  the  demand  for 
copper  will  decrease  rather  than  increase.  Aluminum  may 
also,  in  time,  be  substituted  for  copper  for  purposes  of  elec- 
trical transmission. 

Whether  a  time  will  come  when  substitutes  will  be 
found  for  lead  and  zinc  it  is  not  so  easy  to  predict.  These 
metals  are  used  for  a  multitude  of  purposes,  many  of  which 
could  be  eliminated  without  seriously  affecting  our  indus- 
trial progress. 

The  history  of  mining  during  the  century  just  passed 
disclosed  the  fact  that  nine  new  metals  have  been  added  to 
those  having  an  industrial  application,  and  that  the  tech- 
nology of  more  than  twenty  minerals,  and  the  extension  of 
the  application  of  others,  has  added  great  wealth  to  our 
country  and  brought  increased  prosperity  to  our  people. 
Then,  may  we  not  expect,  with  adequate  provisions  for  re- 
search, that  new  developments  during  the  present  century 
will  more  than  offset  the  diminution  in  the  supply  of  those 
metals  upon  which  our  present  industrial  activities  so 
largely  depend!  Just  as  we  search  for  new  gold  fields, 
when  others  have  been  exhausted,  so,  when  the  supply  of 
one  material  essential  to  our  industrial  activities  nears  ex- 
haustion, we  will  reach  out  into  the  unknown  and  discover 
new  sources  of  power  and  new  materials  for  construction. 
I  believe  that  by  making  adequate  provision  for  research 
the  time  when  new  resources  of  supply  of  power  will  be 
needed  will  be  greatly  postponed;  and  that  when  new  sources 
of  power  are  required  the  intelligence  and  energies  of  a  na- 
tion like  ours  will  discover  them  and  make  them  answer  the 
demands  of  commerce. 

Although  I  am  opposed  to  any  policy  which  removes 
from  the  public  the  possibility  of  developing  any  of  our 
mineral  or  allied  resources,  I  would  not  have  you  think  that 
I  am  opposed  to  conservation,  or  that  I  wish  in  any  small 
degree  to  retard  the  movement  against  the  extravagance  of 


216  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

our  people.  I  deplore  the  fact  that  we  place  so  small  a  value 
upon  the  lives  of  our  citizens  working  in  our  mines-;  I  de- 
plore the  waste  of  our  mineral  resources,  and  I  believe  that 
the  Federal  and  State  governments  should  do  everything  in 
their  power  to  protect  the  lives  of  their  citizens  and  compel 
individuals  ;  and  corporations,  while  using  our  resources, 
not  to  abuse  them. 

I  am  not  opposed  to  the  organization  of  our  industrial 
activities  through  the  formation  of  well-capitalized  cor- 
porations. Any  criticism  that  might  be  offered  would  be 
directed  against  the  methods  by  which  the  business  of  some 
of  them  is  conducted  and  the  utter  lack  of  respect  that  some 
of  them  have  for  the  less  powerful  competitive  organiza- 
tions and  for  the  public  at  large.  It  is  generally  believed 
by  the  public  that  the  waste  of  our  mineral  resources  is 
chiefly  chargeable  to  the  great  corporations.  This  is,  of 
course,  a  mistaken  idea,  since  it  is  an  easily  demonstrable 
fact  that  in  mining  the  greatest  percentage  of  waste  is  found 
in  the  smaller,  more  poorly  equipped  mines,  and  not  in  those 
that  are  well  capitalized.  The  great  mining  corporations 
do  cleaner  work,  often  make  a  higher  percentage  of  recovery 
and  use  to  better  advantage  the  by-products  than  do  the 
small  companies  having  limited  capital. 

I  believe  that  our  governmental  activities  should  be  di- 
rected to  the  control  and  regulation  of  our  great  industrial 
organizations,  while  at  the  same  time  generous  support 
should  be  given  by  the  Federal  and  State  governments  to 
technical  and  scientific  investigations.  Through  the  proper 
encouragement  of  research  I  believe  that  the  ingenuity  of 
our  people  will  meet  the  conservation  problem,  and  that  the 
expansion  of  commerce  and  manufacturing  will  go  on,  un- 
less luxurious  living,  too  often  the  accompaniment  of  great 
wealth,  destroys  this  nation,  as  it  has  the  great  civilizations 
of  the  past. 

Ownersliip  of  the  Public  Domain. 

The  question  of  the  ownership  of  the  public  domain,  as 
suggested  above,  should,  as  far  as  possible,  be  considered 
apart  from  that  of  conservation.  In  doing  this  it  should  be 


ANNUAL  ADDRESS   OF  THE   PRESIDENT.  217 

remembered  that  ownership,  which  may  be  otherwise  desir- 
able, may  be  undesirable  from  the  standpoint  of  conserva- 
tion and  vice  versa.  In  all  discussions,  which  may  come  be- 
fore you  bearing  on  this  question,  keep  clearly  before  you 
the  fact  that  the  question  of  ownership  is  political  and 
sociological,  while  conservation  is  technical  and  scientific. 
It  is  not  my  purpose  to  discuss  this  problem,  but  when 
you  consider  it  in  the  sessions  of  this  Congress,  or  in  com- 
mittee, remember  that  one  of  the  greatest  incentives  to  ex- 
ploration, to  prospecting,  in  this  country  has  been  the  right 
of  possession  after  discovery.  Remember  that  the  posses- 
sion of  water  power  rights  is  often  an  important  adjunct 
to  the  successful  development  of  mining  properties;  and 
that  without  timber,  however  important  it  may  be  as  a 
means  of  conserving  the  rainfall  of  a  region,  it  would  be  im- 
possible to  operate  many  of  our  most  important  mines.  It  ap- 
pears that  any  proposed  legislation  bearing  upon  the  dispo- 
sition of  the  mineral  lands,  lands  containing  water  power 
sites,  or  forested  lands,  which  might  discourage  prospecting 
or  make  mining  more  hazardous,  should  be  carefully  con- 
sidered before  being  approved  by  this  body. 

Conclusion. 

The  American  Mining  Congress  has  accomplished  some- 
thing in  the  years  passed,  what  it  may  do  in  the  future  lies 
in  your  hands.  You  are  here  to  outline  a  policy  for  the  com- 
ing year.  It  is  the  duty  of  the  officers  and  Board  of  Di- 
rectors to  carry  out  these  plans  as  nearly  as  possible,  or  as 
may  be  consistent  with  the  success  of  those  which  may  be 
deemed  most  important.  Remember  that  it  requires  time 
and  money  to  accomplish  those  things  which  you  may  out- 
line, and  when  you  vote  to  have  this  Congress  use  its  best 
efforts  to  secure  some  legislation,  and  do  not  provide  the 
means  to  carry  on  this  work,  you  are  expecting  an  income 
without  an  investment.  In  case  you  ask  this  Congress  to 
do  anything  which  requires  expenditure  of  time  and  money, 
you  will  do  well  to  accompany  that  request  with  some  feas- 
ible plan  whereby  the  necessary  finances  may  be  provided. 


218  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

It  is  an  easy  matter  to  provide  a  finance  committee,  but  it 
is  not  easy  for  such  committee  to  secure  the  funds  required 
to  defray  the  expenses  of  the  association's  activities.  It 
may  do  some  good  to  pass  resolutions  memorializing  Con- 
gress to  pass  such  and  such  bills,  but  if  you  earnestly  desire 
the  passage  of  any  measure,  such  resolutions  must  be  fol- 
lowed by  an  active  campaign,  which  requires  both  time  and 
money. 

This  association  was  organized  to  teach  mining  men  the 
value  of  co-operation;  that  success  cannot  be  measured  by 
another  man's  failure;  that  we  must  have  a  decent  respect 
for  the  lives  and  health  of  the  men  that  toil  beneath  the  sur- 
face ;  that  there  must  be  a  willingness  to  provide  adequately 
for  the  men  and  their  families  who  suffer  through  accident 
or  death;  that  there  should  be  laws  to  restrain  and  punish 
the  man  who  is  in  part  responsible  for  the  disrespect  in 
which  this  profession  is  held,  the  fake  promoter,  who  para- 
sites on  the  public;  that  all  the  bureaus  of  the  Federal  and 
State  governments,  engaged  in  investigations  associated 
with  mining,  are  helpful  to  the  industry  and  deserve  our 
generous  and  undivided  support;  that  much  needful  Fed- 
eral and  State  legislation,  helpful  to  the  mining  industry 
and  for  the  protection  of  our  mineral  resources,  may  be  en- 
acted through  the  united  efforts  of  a  representative  body  of 
mining  men. 

It  is  intended  that  this  organization  shall  foster  and 
promote  mining  in  all  its  various  branches,  and  to  do  this 
its  growth  must  be  commensurate  with  that  of  the  mining 
industries  of  the  country.  It  should  be  represented  by  men 
from  all  the  various  fields  of  mining  activity  and  its  meet- 
ings should  be  forums  for  the  full  and  free  discussion  of  all 
problems  that  may  pertain  to  the  industry.  The  interests 
of  the  mining  industry  cannot  be  left  in  the  hands  of  men 
who  are  engaged  in  agriculture,  forestry,  manufacturing, 
transportation  or  commerce.  They  must  be  cared  for  by 
organizations  of  mining  men,  and  I  beseech  you,  in  closing, 
to  contribute  to  this  organization  the  best  that  you  have  in 
order  that  it  may  be  a  power  throughout  the  land. 


The  Bureau  of  Mines  and  Its  Work. 


BY  DR.  J.  A.   HOLMES,   DIRECTOR  BUREAU  OP  MINES, 
WASHINGTON,  D.  C. 

The  Bureau  of  Mines  was  created  by  Congress  as  the 
result  of  a  widespread  demand  coming  not  only  from  the 
mining  industry,  but  also  from  the  general  public  in  differ- 
ent parts  of  the  country. 

This  movement  for  appropriate  recognition  and  aid 
for  the  mining  industry  from  the  National  Government  has 
been  under  way  for  many  years.  Among  its  early  and  most 
active  supporters  have  been  the  California  Miners  Associa- 
tion and  the  American  Mining  Congress.  It  is,  therefore, 
eminently  appropriate  that  at  the  first  session  of  this  Con- 
gress following  the  creation  of  the  Bureau  of  Mines  at  a 
session  held  in  California  something  should  be  said  of  the 
policy  and  purposes  of  the  new  Bureau. 

The  Purpose  of  the  New  Bureau. 

The  chief  purpose  of  the  Bureau  of  Mines  is  the  devel- 
opment of  greater  safety  and  efficiency  in  mining.  It  may 
be  expressed  in  another  way  as  "  lessening  the  loss  of  life 
and  the  waste  of  resources "  in  connection  with  the  extrac- 
tion, treatment  and  utilization  of  American  mineral  re- 
sources. Or  as  expressed  in  a  yet  different  way,  its  chief 
purpose  is  the  "  conservation  of  the  lives  of  the  miners  and 
the  mineral  resources  of  the  country." 

If,  in  view  of  the  fact  that  the  Bureau  has  no  means  of 
enforcing  and  carrying  out  its  recommendations,  the  ques- 
tion is  raised  as  to  how  it  can  aid  in  the  accomplishment  of 
this  purpose,  it  may  be  said  in  answer  that  the  Bureau 
neither  needs  nor  desires  any  authority  except  that  based 
upon  an  enlightened  public  opinion.  The  Bureau  will  en- 
deavor to  aid  the  carrying  out  of  its  purposes  by  conducting 
investigations  and  inquiries  into  the  best  mining  and  ore 
treatment  practices  to  be  found  in  different  mining  coun- 


220  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

tries,  and  into  the  fundamental  chemical  and  physical  prob- 
lems that  serve  as  a  basis  for  more  efficient  metallurgical 
operations.  It  will  thus  endeavor  to  discover  and  point  out 
how  all  branches  of  the  mineral  industry  may  become  both 
safer  and  less  wasteful;  but  the  Bureau  will  leave  to  other 
agencies  the  enforcement  of  new  requirements,  or  even  the 
adoption  of  its  own  recommendations. 

It  will,  to  quote  the  language  of  the  statute  creating 
the  Bureau,  "make  diligent  investigation  of  the  methods 
of  mining,  especially  in  relation  to  the  safety  of  miners,  and 
appliances  best  adapted  to  prevent  accidents,  the  possible 
improvement  of  conditions  under  which  mining  operations 
are  carried  on,  the  treatment  of  ores  and  other  mineral  sub- 
stances, the  use  of  explosives  and  electricity,  the  prevention 
of  accidents,  and  other  inquiries  and  technologic  investiga- 
tions pertinent  to  said  industries,  and  from  time  to  time 
make  such  public  reports  of  the  work,  investigations,  and 
information  obtained  as  the  Secretary  of  said  Department 
may  direct,  with  the  recommendations  of  such  Bureau. "  It 
will  publish  the  result  of  these  investigations  and  inquiries 
in  such  form  as  to  make  them  easily  interpreted  in  daily 
mining  and  metallurgical  practice  in  the  United  States. 

Relations  of  the  Bureau  to  the  Work  of  the  States  and 
Private  Parties. 

The  new  Bureau  will  do  everything  it  can  to  encourage 
each  state  in  the  investigation  of  its  own  local  mining  prob- 
lems, and  in  the  proper  inspection  and  supervision  of  the 
mines  operating  within  its  borders.  It  will  do  everything 
possible  to  help  maintain  and  increase  the  influence  and  ef- 
fectiveness of  the  State  Mine  Inspectors,  State  Mining 
Schools,  Surveys,  and  Mining  Departments.  It  will  en- 
deavor to  co-operate  with,  but  not  to  belittle  or  supplant, 
the  work  of  the  State. 

Similarly,  it  will  do  everything  within  its  power  to  en- 
courage private  mining  corporations,  through  the  employ- 
ment of  the  best  engineering  talent,  to  investigate  their  own 
local  problems,  with  the  view  of  lessening  the  loss  of  life 


THE  BUREAU  OP  MINES  AND  ITS  WORK.  221 

and  the  waste  of  resources.  The  Bureau's  work  will  be  done 
for  the  industry,  not  for  the  individual  or  corporation. 
Nevertheless,  it  is  hoped  that  its  work  will  be  helpful  to 
many  or  all  individuals  engaged  in  the  industry. 

It  will  itself  take  up  inquiries  and  investigations  in 
which  the  National  Government  as  such  is  a  party  at  inter- 
est, and  those  other  problems  in  relation  to  the  mining,  treat- 
ment and  utilization  of  our  mineral  resources  that  are  gen- 
eral in  their  application,  or  National  in  their  importance. 

The  Bureau  will  in  this  way  endeavor  to  minimize  the 
responsibility  of  the  Federal  Government;  and  to  minimize 
the  contribution  which  the  Federal  Treasury  may  be  called 
upon  to  make  in  behalf  of  a  proper  development  of  the  min- 
ing industry. 

In  the  wise  development  of  our  two  great  foundation 
industries,  agriculture  and  mining,  which  are  alike  essen- 
tial to  both  the  present  and  the  future  welfare  of  the  nation, 
the  Federal  Government,  the  State  and  the  private  individ- 
ual or  corporation  each  has  its  responsibility  and  its  duty  to 
perform,  which  responsibility  and  duty  no  one  should  shirk. 
The  welfare  of  each  is  essential,  and  each  should  co-operate 
with  the  other  for  the  accomplishment  of  the  important  pur- 
pose in  view,  i.  e.,  the  safest  and  the  wisest  or  most  efficient 
use  of  our  resources,  considered  in  their  relations  to  both 
the  individual  and  the  nation,  both  the  present  and  the  fu- 
ture. 

Relations  of  the  New  Bureau  to  Other  Organizations. 

The  Bureau  of  Mines  will  be  one  of  many  agencies  at 
work  for  the  accomplishment  of  the  above  mentioned  pur- 
poses. Those  associated  with  it  should  recognize  the  full 
value  and  the  importance  of  continuing  with  increasingly 
liberal  support  the  admirable  work  carried  on  for  many 
years  in  behalf  of  the  mining  industry  by  the  United  States- 
Geological  Survey,  the  State  geological  surveys,  the  mining 
schools,  the  mining  journals,  The  American  Institute  of 
Mining  Engineers  and  other  younger  mining  organizations. 

Each  of  these  has  its  own  work  to  do  and  there  is  work 
enough  for  all.  As  one  of  the  agencies  for  the  betterment 


222  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

of  the  mining  industry  the  Bureau's  relations  to  each  of 
these  others  should  be  that  of  friendly  good  will  and  mutual 
helpfulness. 

Relations  to  the  Mining  Engineer. 

The  work  of  the  new  bureau  will  not  diminish  the  work 
of  the  private  mining  engineer;  but,  on  the  other  hand,  it 
should  increase  his  work  by  pointing  out  to  mine  owners 
additional  problems  which  the  engineer  should  be  called 
upon  to  solve  at  the  cost  of  the  parties  most  interested. 

When,  a  few  years  since,  technical  investigations  of 
fuel  were  begun  by  the  United  States  Geological  Survey 
the  fear  was  expressed  that  the  work  would  interfere  with 
the  work  of  the  private  laboratories.  But  the  result  has 
been  just  the  reverse.  The  then  existing  laboratories  have 
been  enlarged  and  new  laboratories  have  been  established  to 
take  care  of  the  additional  work  developed  directly  or  in- 
directly as  a  result  of  these  investigations  by  the  Survey 
and  the  educational  campaign  that  accompanied  them.  It  is 
believed  that  a  similar  result  will  follow  from  the  investiga- 
tions to  be  conducted  under  the  Bureau  of  Mines. 

In  all  its  relations  the  aim  of  the  new  Bureau  should  be 
that  of  helpful  co-operation,  not  that  of  competition,  domi- 
nation or  suppression.  And  in  its  endeavors  to  carry  out 
these  purposes  for  which  it  has  been  created  the  officers  of 
the  Bureau  hope  to  procure  in  turn  the  active  co-operation 
of  the  agencies  of  the  states,  the  mine  workers,  the  mine 
owners,  the  mining  engineers,  the  geologists,  and  chemists, 
the  mining  schools  and  the  mining  journals  of  the  country. 

The  Bureau  of  Mines  and  the  Conservation  of  Resources. 

The  enthusiast  in  preaching  conservation  of  resources 
has  sometimes  done  harm  to  the  doctrine  by  claiming  that, 
in  order  to  perpetuate  the  state's  resources  for  future  use, 
there  should  be  curtailment  of  the  use  of  these  resources  to- 
day. But  among  intelligent  people,  like  the  average  citi- 
zens of  the  United  States,  any  doctrine  to  succeed  must  have 
a  rational  basis.  And  the  man  who  asks  the  question,  "  Why 
concern  ourselves  about  the  future  supply  of  mineral  re- 


THE  BUREAU  OF  MINES  AND  ITS  WORK.  223 

sources  which  seem  to  be  inexhaustible! "  must  be  given  a 
rational  answer. 

We  may  as  well  understand  that  neither  the  state's  nor 
the  nation's  needs  will  be  curtailed,  even  if  we  do  destroy 
the  supplies  from  which  her  needs  can  be  met.  These  needs 
will  grow  with  the  extent  and  variety  of  our  industries;  and 
they  will  grow  even  more  rapidly  than  our  population,  as  is 
shown  by  the  rapidly  increasing  rate  of  per  capita  consump- 
tion of  mineral  products  during  the  past  century. 

We  may  as  well  understand  also  that  the  men  of  this 
generation  will  not  mine,  extract  or  use  mineral  resources 
today  in  such  manner  as  to  entail  financial  loss  to  them- 
selves in  order  that  a  supply  may  be  left  for  the  use  of  fu- 
ture generations.  There  will  be  no  mineral  industries  with- 
out profit  to  those  who  make  investments  for  development 
purposes.  Men  do  not  go  into  the  mining  business  for  their 
health.  And  any  consideration  of  the  doctrine  of  conserva- 
tion of  resources  must  be  accompanied  by  a  consideration 
of  the  doctrine  of  conservation  of  capital,  and  conserva- 
tion of  human  life. 

Furthermore,  the  present  generation  has  the  power,  and 
it  has  the  right,  to  use  these  resources  in  so  far  as  it  will 
use  them  efficiently.  It  has  the  right  to  use  as  much  of 
these  resources  as  it  actually  needs.  But  the  statesmen 
of  today  should  remember  that  in  any  state,  and 
in  the  country  at  large,  we  have  but  one  supply  of  mineral 
resources;  and  when  this  supply  is  gone  we  shall  have  no 
other  to  take  its  place.  They  should  remember,  further, 
that  this  one  supply  has  required  millions  of  years  for  its 
accumulation;  that  the  demands  on  this  supply  will  in- 
crease even  more  rapidly  than  our  population ;  and  that  this 
supply,  however  large,  measured  in  the  terms  of  the  needs 
of  a  great  and  rapidly  growing  country,  is  a  limited  supply. 

The  supply  is  not  inexhaustible.  Whether  we  consider 
the  resources  of  any  state,  or  the  resources  of  the  United 
States,  there  can  be  no  doubt  as  to  the  fact  that,  measured 
in  the  terms  of  the  life  of  the  state  or  the  nation,  at  the 
present  increasing  rate  of  consumption  and  waste,  we  shall, 


224  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

while  the  state  and  the  nation  are  yet  in  their  infancy,  ex- 
haust the  mineral  resources  necessary  as  the  essential  basis 
for  the  welfare  of  succeeding  generations. 

Having  this  information  at  hand,  neither  the  state  nor 
the  nation  can  shirk  the  responsibility  resting  upon  it,  on 
the  claim  that  succeeding  generations  will  probably  dis- 
cover other  unknown  resources  for  their  use  for  such  con- 
clusion would  be  unjust  and  irrational.  More  irrational 
even  than  it  would  be  for  the  farmer  to  use  up  his  farm's 
supply  of  provisions  during  the  first  half  of  the  year,  trust- 
ing to  luck  for  the  other  half  year 's  supply. 

The  right  of  the  present  generation  to  use  efficiently  of 
these  resources  whatever  it  needs,  carries  with  it  the  great 
obligation  not  to  waste  the  sacred  heritage  that  has  come 
down  to  us  for  the  use  of  all  succeeding  generations  of 
American  citizens. 

It  is,  therefore,  reasonable  that  the  users  of  the  mineral 
resources  of  the  state  and  of  the  nation  will  pay  for  them 
such  prices  as  will  make  profitable  their  mining  and  prep- 
aration without  waste  of  resources  or  loss  of  life. 

The  very  abundance  and  cheapness  of  our  resources 
have  developed  an  American  habit  of  waste  which  is  the 
greatest  menace  to  our  future  welfare.  This  waste  of  the 
past  and  the  present,  and  the  rapidly  increasing  needs  of  the 
future  entail  on  us  a  still  greater  obligation  to  strive  for 
the  highest  possible  efficiency  in  the  mining  and  use  of  these 
resources.  The  Bureau  of  Mines  will  conduct  such  investi- 
gations of  the  resources  of  the  country  as  will  bring  about 
not  only  larger  development  and  greater  present  and  future 
prosperity,  but  also  such  investigations  as  will,  by  diminish- 
ing the  waste  in  the  mining  and  use  of  these  resources,  aid 
in  perpetuating  their  supply  for  the  future  well-being  of 
the  nation. 

All  unscientific  or  inefficient  use  of  resources  is  waste; 
and  the  most  encouraging  element  in  the  movement  for  ra- 
tional conservation  is  the  fact  that  the  seemingly  necessary 
waste  of  today,  through  inquiry  or  research,  or  through 


THE  BUREAU  OF  MINES  AND  ITS  WORK.  225 

changes  in  economic  conditions,  may  become  the  avoidable 
waste  of  tomorrow. 

The  New  Bureau  7s  Appeal  for  Greater  Safety  in  Mining. 

Every  one  responsible  for  the  establishment  of  the 
Bureau  of  Mines  realizes  the  fact  that  its  first  duty  is  to  aid 
in  lessening  the  loss  of  life  in  mining.  Those  associated  with 
the  work  of  the  Bureau  realize  that  the  mine  owners  of  this 
country  are  in  sympathy  with  this  purpose,  and  that  they 
stand  ready  to  put  into  practice,  as  far  as  conditions  will 
permit,  every  practicable  recommendation  and  suggestion 
that  the  Bureau  may  have  to  make. 

On  the  other  hand,  the  people  of  this  country  should 
realize  that  many  of  the  safety  methods  and  appliances  used 
in  other  countries,  where  the  profits  of  mining,  and  especi- 
ally of  coal  mining,  are  far  greater  than  in  the  United 
States,  cannot  be  easily  introduced  into  the  United  States, 
because  their  cost  would  exceed  the  profits  of  the  industry 
here;  and  no  industry  can  operate  on  a  basis  of  continued 
financial  loss.  . 

Nevertheless,  progress  is  being  made,  as  shown  by  the 
fact  that  the  loss  of  life  in  the  American  coal  mines  has  de- 
creased more  than  25  per  cent  during  the  past  two  years. 
If  the  miners,  mine  owners,  and  mine  inspectors  of  the  coun- 
try will  more  earnestly  co-operate  with  the  Bureau  and  with 
each  other  in  a  determined  effort,  the  result  will  be  a  still 
further  lessening  of  this  loss  of  life,  during  the  current  year 
and  in  the  year  to  come. 

The  appeal  of  the  new  bureau  is  therefore  to  every  man 
connected  with  the  mining  industry  in  this  country,  in  coal 
mining,  metal  mining  and  quarrying,  to  the  mine  worker, 
the  mine  owner,  and  the  mine  inspector,  that  he  do  every- 
thing that  can  in  reason  be  done  to  safeguard  the  lives  of 
the  men  who  labor  under  ground ;  to  see  that  the  disasters  at 
Monongah,  Darr,  Marianna  and  Cherry  shall  have  no  coun- 
terpart during  the  winter  of  1910;  and  that  in  coal  mines, 
metal  mines  and  quarries  the  daily  toll  in  lives  of  workers 
from  causes  less  impressive,  but  in  the  aggregate  more  de- 
structive than  these  awful  disasters,  shall  steadily  diminish. 


226  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

Of  all  the  great  mining  countries,  the  United  States  is 
pointed  out  as  the  most  wasteful  of  both  life  and  resources. 
It  was  with  a  view  to  remedying  this  situation  that  a  Na- 
tional Bureau  of  Mines  was  created. 

In  the  demand  for  the  creation  of  this  Bureau,  the  mine 
owners  and  the  mine  workers  alike  have  joined.  Let  no 
one  of  these  suppose  for  one  moment  that  with  the  estab- 
lishment of  the  Bureau,  his  work  has  ended;  for  in  reality 
it  has  only  just  begun. 

It  is  only  under  the  good  advice  of  those  most  familiar 
with  all  branches  of  mining  that  wise  leadership  by  the  new 
Bureau  can  be  properly  developed.  It  is  only  through  the 
hearty  determined  co-operation  of  the  mine  owners  and  the 
mine  workers  of  the  country,  that  substantial  progress  to- 
ward better  conditions  can  be  made.  And  in  the  largest 
branch  of  our  mining  industry,  i.  e.,  coal  mining,  and  in 
all  competitive  mining  industries,  the  law  maker  also  must 
contribute  by  helping  to  improve  the  economic  conditions 
which  now  hinder  wise  practice  and  development. 

All  these  agencies  must  co-operate  if  the  mining  indus- 
try as  a  whole  ig  to  reach  that  higher  standard  of  safety 
and  efficiency  which  should  characterize  the  American  in- 
dustry, and  to  which  we  look  forward  with  full  hope  of 
accomplishment. 

There  are  many  difficulties  in  the  way;  and  the  path 
in  all  cases  will  not  be  plainly  marked.  There  will  be  dif- 
ferences of  opinion,  both  as  to  what  should  be  done  by  the 
new  Bureau  and  as  to  the  mode  of  procedure.  But  the  Di- 
rector of  the  Bureau  of  Mines  wishes  the  officers  and  mem- 
bers of  the  institute  of  Mining  Engineers,  of  the  Mining  and 
Metallurgical  Society,  and  of  the  Mining  Congress  and 
other  representatives  of  the  mining  industry  to  know  that 
their  suggestions  and  advice  will  be  welcome  always.  He 
realizes  that  this  Bureau  is  theirs,  not  his.  He  has  outlined 
above  certain  lines  of  policy  which  he  believes  should  be 
followed  by  the  Bureau  in  its  work.  In  carrying  on  this 
work  he  must  follow  the  acts  of  Congress  as  interpreted  by 
the  Secretary  of  the  Interior.  But  as  a  fundamental  pro- 


THE  BUREAU  OF  MINES  AND  ITS  WORK.  227 

position  he  believes  that  in  their  plans  for  the  development 
of  the  new  Bureau  both  the  legislative  and  executive 
branches  of  the  government  will  be  glad  to  know,  and  as 
far  as  possible  to  comply  with,  the  wishes  of  the  represen- 
tatives of  the  mining  industry. 

It  will  be  the  aim  and  the  pleasure  of  the  first  Director 
of  the  Bureau  in  carrying  out  whatever  plans  may  be  decided 
upon,  to  render  disinterested  loyal  service  in  all  branches 
of  the  mining,  metallurgical  and  quarry  industries,  in  all 
parts  of  this  country. 


Conserving  Our  Coal  Deposits. 


BY  EDWARD  W.  PARKER,  U.  S.  GEOLOGICAL  SURVEY, 
WASHINGTON,  D.  C. 

In  the  popular  mind  the  cause  of  conservation  had  its 
beginning  in  the  calling  of  the  first  conservation  congress 
in  1907 — and  that  was  the  time  of  popular  awakening,  but 
as  has  been  recently  pointed  out  by  Dr.  C.  W.  Hayes  in  an 
address  delivered  at  Chicago,  for  a  quarter  of  a  century  or 
more  before  the  calling  of  that  famous  convention,  thinking 
men  had  been  studying  the  problem  and  had  recognized  the 
necessity  for  an  abatement  in  the  wasteful  methods  of  utiliz- 
ing our  natural  resources.  We  were  rich  and  we  were  pro- 
fligate, (some  of  the  lumber  men  of  the  eastern  and  southern 
states  are  already  on  the  husks)  but  credit  should  be  paid 
to  some  of  the  men — many  of  them  now  dead  and  gone— 
who  were  pioneers  in  conservation  work,  though  not  so 
known  at  that  time.  Dr.  Hayes  calls  attention  to  the  great 
work  of  Major  Powell,  the  second  Director  of  the  United 
States  Geological  Survey,  sainted  now  in  scientific  memory 
at  least,  and  how  the  possibilities  of  irrigation,  and  thus  re- 
claiming, or  conserving,  the  use  of  the  arid  lands  clearly 
and  forcibly  pointed  out  by  Major  Powell  as  early  as  1878 
found  their  realization  24  years  later  in  the  enactment  of 
the  Eeclamation  Law  of  1902. 

Actual  practical  work  in  the  conservation  of  our  coal 
supplies  was  being  carried  on  when  many  of  those  present 
at  this  meeting  were  studying  their  grammars  and  geog- 
raphies and  knew  little,  and  cared  less  about  the  waste  of 
natural  resources  or  anything  else.  When  we  consider  that 
although  to  the  close  of  1908  we  had  produced  and  con- 
sumed in  the  United  States  over  7,280,000,000  tons  of  coal, 
and  that  this  production  and  consumption  represented 
(allowing  one-half  a  ton  of  coal  for  each  ton  mined) 
an  exhaustion  of  nearly  12,000,000,000— when  we  con- 
sider that  this  has  used  up  only  four-tenths  of  one 
per  cent  of  the  original  supply,  and  that  there 


CONSERVING  OUR  COAL  DEPOSITS.  229 

still  remains  unmined  from  4,000  to  5,000  times  the 
present  yearly  production  it  does  not  appear  that 
the  citizens  of  the  United  States  will  be  suffering  for  fuel 
for  some  time  to  come.  But  it  must  be  remembered  that  by 
far  the  larger  part  of  the  coal  still  remaining  is  either  of 
low  grade  or  accessible  only  with  difficulty,  and  at  greatly 
increased  mining  cost.  We  are  taking  the  best  and  the  most 
easily  mined  and  we  have  been  using  it  in  a  reckless,  waste- 
ful manner,  but  we  are  learning  better.  And  we  have  got 
to  do  better  for  at  the  present  increasing  rate  of  production 
we  may  look  for  the  exhaustion  of  our  high  grade  and  easily 
mined  coal  before  the  middle  of  the  next  century.  Then  the 
coal  men  will  be  getting  down  to  the  husks.  The  husks  may 
last  a  long  time,  but  they  are  mighty  poor  diet  compared 
with  what  we  have  been  and  are  now  enjoying. 

Conservation  of  coal  began  in  the  anthracite  region  of 
Pennsylvania.  Here,  within  a  small  area  of  less  than  500 
square  miles  is  the  most  valuable  supply  of  coal  known  in 
the  world.  The  early  methods  of  mining,  marketing  and 
utilization  of  anthracite  were  in  the  light  of  present  know- 
ledge horrible  examples  of  profligacy  and  waste,  but  prob- 
ably as  well  as  could  be  done  under  the  conditions  that  ex- 
isted at  the  time.  Competition  instead  of  being  the  life  of 
the  trade  came  near  being  its  murderer.  Yet  man  was  not 
nearly  so  wasteful  as  nature  had  been,  for  while  nature  had 
been  generous  in  the  first  place,  she  was  more  wasteful  than 
her  children.  It  has  been  estimated  that  of  the  total  supply 
of  anthracite  originally  deposited  only  6  per  cent  remained 
when  man  began  to  utilize  it.  Ninety-four  per  cent  had  been 
lost. 

Back  as  far  as  1883  or  1884,  nearly  25  years  before  the 
calling  of  the  first  conservation  congress,  the  necessity  for 
the  conserving  of  the  remaining  part  of  that  six  per  cent  of 
anthracite  was  borne  in  upon  some  of  the  thinking  men  en- 
gaged in  the  industry.  When  the  movement,  headed  by 
Eckley  B.  Coxe,  P.  W.  Sheafer,  Wm.  Griffith,  and  a  few 
others,  began,  it  is  doubtful  if  the  recovery  of  coal  was  as 
much  as  40  per  cent,  60  per  cent  being  lost,  partly  in  the  pil- 
lars left  to  protect  the  workings,  partly  in  the  small  coal 


230  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

thrown  on  the  culm  banks  and  for  which  there  was  no  mar- 
ket, partly  in  simply  bad  mining.  The  matter  being  brought 
to  the  attention  of  the  Governor  of  the  State,  he  appointed 
the  Anthracite  Coal  Waste  Commission,  composed  of  three 
of  the  most  prominent  mining  engineers  in  the  Anthracite 
region.  The  commission  made  its  report  in  1887.  It  was  the 
first  conservation  report,  and  as  a  result  the  waste  in  the 
anthracite  region  has  been  so  dimished  that  now  it  is  esti- 
mated that  the  recovery  exceeds  60  per  cent  and  the  loss  is 
less  than  40  per  cent.  Moreover,  in  addition  to  the  larger 
recovery,  at  present,  provision  is  made  for  subsequent  re- 
covery of  a  large  part  of  the  coal  now  left  as  pillars.  This 
is  practical  conservation.  In  order  to  accomplish  it,  it  has 
been  necessary  to  put  the  industry  under  a  close  control  and 
to  eliminate  competition  except  so  far  as  bituminous  coal 
competes  with  anthracite — to  create  practically  a  monopoly 
of  the  Anthracite  supply,  but  I  do  not  believe  this  has  re- 
sulted in  any  oppression  of  the  people  by  extortionate  prices, 
not  by  operators  anyway.  The  average  price  of  Anthracite 
at  the  mine  ranges  from  $2.25  to  $2.35  per  long  ton  and  of 
this  40  per  cent  consists  of  pea  size  and  smaller,  much  of 
which  is  sold  below  cost  of  production.  It  is  only  by  the 
closest  scientific  economy  in  the  mining  and  preparation  of 
anthracite  that  prices  are  kept  as  low  as  they  are. 

The  competitive  conditions  that  formerly  existed  in  the 
anthracite  region  still  obtain  throughout  the  bituminous  pro- 
ducing states.  Mine  competes  against  mine,  district  against 
district  and  State  against  State.  Illinois  is  jealous  of  West 
Virginia;  Iowa,  Arkansas  and  Oklahoma  operators  complain 
of  unfair  competition  from  Illinois  coals;  the  New  Eiver, 
Kanawha,  and  Pocahontas  districts  of  West  Virginia  are 
rivals  for  the  same  markets,  and  almost  a  trade  war  exists 
between  the  southwestern  districts  of  Illinois  and  those  of 
tfie  northern  and  southern  parts  of  the  State.  Similar  condi- 
tions exist  in  other  parts  of  the  country  and  the  effect  is  un- 
wholesome. It  is  against  the  conservation  of  the  coal,  and 
worse  than  that,  it  is  against  the  conservation  of  the  lives 
and  limbs  of  the  men  who  labor  in  the  black  holes  of  tho 
coal  mines.  There  is  not  sufficient  margin  between  the 


CONSERVING  OUR  COAL  DEPOSITS.  231 

and  the  selling  price  of  bituminous  coal  to  enable  the  opera- 
tor to  mine  the  coal  to  the  best  advantage  in  the  long  run, 
nor  to  provide  the  proper  appliances  and  superintendence 
to  secure  the  maximum  safety  to  the  employees.  This  com- 
petition between  States  makes  it  difficult  if  not  impossible, 
to  secure  the  proper  legislation  looking  to  greater  safety  in 
the  operation  of  coal  mines,  for  the  law-making  body  of  one 
State  is  not  apt  to  enact  legislation  which  will  place  one  oi' 
its  important  industries  at  a  disadvantage  with  a  competing 
State.  Still  less  are  the  legislators  inclined  to  enact  laws 
that  will  restrict  the  miner  in  the  exercise  of  what  he  con- 
siders his  personal  liberty. 

I  know  the  idea  is  not  popular  in  some  circles,  but  I  am 
thoroughly  convinced  that  the  most  crying  need  in  the  coal 
mining  industry  today  is  the  ability  to  enforce  discipline 
among  the  mine  workers.  As  it  is  now  there  is  not,  so  far  as 
I  know,  any  State  laws  which  make  it  a  penal  offense  for  a 
mine  employee  to  put  his  own  life  and  that  of  his  fellow 
workers  in  jeopardy.  The  only  punishment  meted  out  is  the 
death  or  injury  that  results  from  the  catastrophe.  The  coal 
mines  of  this  country  should  be  under  as  strict  police  sur- 
veillance as  they  are  in  Europe  and  both  operators  and 
miners  should  be  made  to  obey  the  laws.  When  such  is  the 
case  we  will  conserve  some  of  the  coal  and  a  good  many  of 
the  lives,  but  it  will  increase  the  cost  of  coal  to  the  consumer. 
Of  what  use  to  establish  mine  rescue  stations  except  to  re- 
cover dead  and  maimed  bodies  if  rules  and  regulations  can- 
not be  enforced. 

One  of  the  most  reprehensible  practices  in  the  mining 
of  bituminous  coal  is  that  of  "  shooting  from  the  solid, "  a 
practice  that  has  increased  through  the  custom  forced  upon 
the  operators  in  some  States  of  paying  for  the  coal  on  a 
mine  run  basis.  It  results  in  "making  the  powder  do  the 
work ' '  of  the  miner  and  this  adds  materially  to  the  naturally 
hazardous  character  of  the  miners'  employment,  in  increas- 
ing the  liability  to  explosion  due  to  the  frequency  of  windy 
shots,  and  the  excessive  charges  of  powder  necessary  to  do 
the  work  weaken  the  roof  and  pillars  and  increase  dangers 
from  fall  of  roof  and  coal.  It  is  abominably  bad  and  yet  the 


232  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

State  of  Oklahoma,  and  I  believe  also  Kansas,  have  by  act 
of  legislature,  put  a  premium  on  this  kind  of  mining. 

The  shooting  c)f  coal  from  the  solid  and  paying  for  the 
mining  on  a  mine  run  basis,  except  in  cases  where  the  slack 
coal  may  be  used  to  advantage  in  the  manufacturing  of 
coke,  is  anti-conservational  in  the  production  of  a  dispro- 
proportionate  quantity  of  either  unsalable  or  undesirable 
coal. 

When,  in  the  effort  to  conserve  our  resources,  the  ex- 
pense exceeds  the  benefit  to  be  derived  the  cause  has  got  to 
suffer.  Much  has  been  said  about  our  wasteful  methods  of 
making  coke  in  the  bee-hive  ovens  and  the  fact  is  that  the 
value  of  the  gaseous  contents  of  the  coal  that  are  wasted 
each  year  exceeds  $50,000,000.  It  has  been  a  question  how- 
ever, under  the  conditions  existing  in  this  country,  whether 
it  would  not  cost  more  than  that  amount  to  save  it.  Up  to 
quite  recently  the  tar  produced  in  the  manufacture  of  illum- 
inating gas  has  been  a  drug  on  the  market  and  much  of  it 
has  been  thrown  away  or  burned  for  fuel  at  the  works.  With 
the  increasing  scarcity  and  higher  cost  of  railroad  ties,  how- 
ever, there  has  been  a  notable  increase  in  the  demand  for 
creosote  oils,  a  product  of  the  coal  tar,  for  preserving  the 
life  of  the  ties,  and  the  development  of  the  coal  briquetting 
industry  in  different  parts  of  the  country  is  creating  a  de- 
mand for  the  residual  pitch.  This  is  giving  an  impetus  to 
the  retort-coke  oven  industry,  and  in  the  course  of  time  the 
bee-hive  oven  will  disappear  from  the  United  States  as  it 
has  disappeared  in  Germany,  Belgium  and  other  European 
countries.  The  change  will  be  gradual  as  there  is  a  large 
amount  of  capital  invested  in  bee-hive  oven  plants,  but  it 
is  gratifying  to  note  that  while  the  first  by-product  recovery 
plant  of  12  ovens  was  put  in  blast  in  1893,  retort-oven  coke 
in  1908  was  14  per  cent  of  the  total  output.  Some  of  our 
coke  makers,  by  the  way,  might  learn  a  lesson  from  what  is 
doing  in  our  neighboring  republic  of  Mexico.  Retort  oven 
plants  have  been  erected  at  Kosita  and  at  Las  Esperanzas  in 
the  State  of  Coahuila.  These  have  not  by-product  recovery 
equipment,  but  the  gases  are  utilized  in  the  power  plant, 
each  oven  yielding  16  horse-power.  A  better  grade  of  coke 


CONSERVING  OUR  COAL  DEPOSITS.  233 

is  obtained  and  at  the  same  time  a  higher  yield  of  the  coal  is 
coke.  At  the  close  of  1908,  there  were  600  of  this  type  of 
oven  in  operation,  under  construction,  or  contracted  for  in 
the  United  States.  The  ovens  in  the  Connellsville  and  Lower 
Connellsville  districts  of  Pennsylvania  would,  at  the  same 
rate  as  they  get  in  Mexico,  produce  approximately  600,000 
horse-power  every  day  in  the  year.  It  is  now  wasted. 

In  coal  mining,  as  in  other  lines  of  industry,  the  most 
effective  conservation  and  economy  can  only  be  effected 
through  the  conducting  of  operations  on  a  large  scale.  It  is 
the  large  and  not  the  small  unit  that  is  able  to  effect  the 
greatest  saving.  The  small  coal  mine  is  always  the  most 
wasteful,  and  it  is  only  in  the  larger  operations  that  the 
greatest  efficiency  and  the  maximum  economy  can  be  se- 
cured. The  United  States  steel  corporation,  by  the  way,  has 
erected  at  Joliet,  Illinois,  280  retort  ovens  and  contemplates 
increasing  the  number  to  1,000.  The  Cambria  Steel  Com- 
pany, at  Johnstown,  Pennsylvania,  which  was  one  of  the 
pioneers  in  retort-oven  construction  in  this  country  J  having 
built  60  in  1895,  has  now  nearly  400  in  operation  and  I  am 
of  the  opinion  that  most  of  the  coke  made  by  this  company 
is  make  in  by-product  ovens. 

The  development  of  the  coal  resources  of  Alaska  has 
been  the  subject  of  much  discussion  during  recent  months. 
Mr.  Brooks  has,  in  his  latest  progress  report,  shown  how  the 
Territory  is  suffering  for  the  need  of  coal  while  its  untold 
wealth  in  this  regard  lies  undeveloped  for  want  of  legisla- 
tion to  permit  it.  It  cannot  be  accomplished  when  the  unit 
of  operation  is  limited  to  160  acres.  It  will  require  the  in- 
vestment of  a  large  amount  of  capital  and  it  must  be  recog- 
nized that  the  mining  operations  and  the  transportation  in- 
terests shall  not  be  antagonistic,  for  the  one  must  depend 
upon  the  other.  Millions  of  dollars  will  be  needed,  and  in 
order  to  secure  them  the  terms  must  be  liberal,  but  there  is 
no  reason  why  the  interests'of  the  people  might  not  be  secure 
against  monopolistic  oppression.  Is  it  wise  conservation  to 
allow  these  fields  to  lie  undeveloped  while  West  Virginia 
and  Pennsylvania  coals  are  brought  to  the  Pacific  coast  at 


234  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

a  cost  of  half  a  ton  of  coal  consumed  in  the  transportation 
of  each  ton  of  coal  carried! 

The  application  of  the  principle  of  conservation  to  the 
coal  lands  still  remaining  in  the  possession  of  the  govern- 
ment, or  probably  I  should  say  in  the  possession  of  the  peo- 
ple, has  been  chiefly  through  the  work  of  the  Land  Classi- 
fication Board  of  the  Geological  Survey  in  fixing  just  valu- 
ations on  these  lands.  Formerly  these  lands  were  sold  at 
$10  or  $20  an  acre,  according  to  whether  they  were  more 
than  15  miles  from  a  railroad,  or  within  that  distance.  Some 
of  these  lands  are  now  sold  at  from  $200  to  $400  an  acre  and 
it  has  not  retarded  development.  On  the  contrary  the  classi- 
fication of  such  lands  by  the  geological  survey  has  to  a  large 
degree  removed  the  doubt  as  to  their  value,  reduced  the  haz- 
ard of  investment  and  encouraged  the  securing  of  them  for 
development,  and  it  makes  it  unprofitable  to  acquire  them 
for  speculative  purposes  or  to  hold  for  monopolistic  control 
of  the  future  fuel  supply. 

In  closing,  I  should  like  to  say  just  one  word  of  defense 
for  this  government  which  I  have  the  honor  to  serve,  and 
which  is  acting  as  a  trustee  for  the  public  lands  in  the  West. 
I  do  not  think  the  members  of  this  Congress  realize  that  the 
Eastern  brother  and  Northern  brother  and  tne  Southern 
brother  are  not  robbing  the  Western  brother.  All  of  the 
money  that  is  obtained  by  Uncle  Sam  from  the  sale  of  pub- 
lic lands  is  turned  into  the  Eeclamation  Fund.  Fifty-one 
per  cent  of  that  goes  back  into  reclamation  work  in  the  state 
in  which  the  land  was  sold.  All  the  other  is  divided  among 
the  other  public  land  states,  and  the  Eastern  states  do  not 
get  a  cent  of  it.  (Applause.)  I  can  speak  on  this  subject 
without  prejudice.  I  have  the  honor  to  be  a  citizen  of  Texas, 
and  Texas  has  no  public  lands.  But  I  do  think,  in  discussing 
this  matter,  that  one  item,  one  thought,  ought  to  be  held 
uppermost,  and  that  is  that  Uncle  Sam  is  not  treating  the 
public  land  states  unfairly.  (Applause.) 


Mine  Accident  Investigations  of  the  Bureau  of  Mines. 

BY   GEORGE   S.   RICE,   BUREAU   OF  MINES,  WASHINGTON,  D.   C. 

While  it  is  evident  that  there  is  a  great  diversity  of 
opinion  among  American  mining  men  as  to  the  proper  func- 
tions of  the  new  Federal  Bureau  of  Mines,  on  one  point,  at 
least,  there  appears  to  be  general  agreement,  namely,  that 
the  investigation  of  accidents  in  coal  mines,  started  under 
the  jurisdiction  of  the  Geological  Survey  should  be  con- 
tinued, and  a  similar  investigation  should  be  made  of  acci- 
dents in  metal  mines. 

A  prominent  English  mining  engineer,  while  speaking 
of  accidents  in  metal  mines,  remarked  that  coal  miners  were 
fortunate  in  having  disasters  occur  in  their  mines.  This, 
at  first,  seems  like  a  brutal  statement,  but  when  the  matter 
is  considered  carefully,  the  meaning  becomes  clear,  since 
in  spite  of  the  large  number  of  men  who  have  been  killed 
and  injured  in'the  great  colliery  disasters  that  too  frequently 
have  appalled  the  world,  the  number  of  deaths  and  injuries 
from  this  cause  have  formed  only  a  small  part  of  the  total 
number  killed  and  injured  in  coal  mining  by  other  causes, 
particularly  those  due  to  falls  of  coal  and;rock. 

In  1907,  the  year  of  the  greatest  series , of  American  col- 
liery disasters,  Mr.  E.  W.  Parker  reports  947  men  were 
killed  and  347  injured  in  gas  and  dust  explosions.  During 
the  same  year  in  all  the  coal  mines  of  tliis  country,  there 
were  1122  killed  and  2141  injured  from  falls  of  roof  or  coal, 
and  from  all  causes,  the  totals  for  that  year  were  3124  killed 
and  5316  injured.  Therefore,  less  than  one-third  were  killed 
and  one-fifteenth  were  injured  by  explosions  of  the  total 
number  killed  and  injured  in  that  year  of  greatest  mine  ex- 
plosions. 

In  more  normal  years  like  1908,  during  which  2450  were 
killed  and  6772  injured,  only  one-sixth  of  the  killed  were  lost 
in  disasters  and  one-twentieth  of  the  total  were  injured  by 
explosions  of  gas  and  dust. 


236  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

Nevertheless,  as  previously  indicated,  the  horror  pro- 
duced by  the  explosions  has  caused  attention  to  be  directed 
to  accidents  in  coal  mines,  and  the  precautions  taken  on  this 
account  have  led  to  a  general  improvement  in  colliery  condi- 
tions, and  in  all  civilized  mining  countries  except  the  United 
States  the  accident  rate  has  been  steadily  decreasing. 

In  the  United  States  the  annual  accident  rate  of  coal 
mining  nearly  doubled  in  the  10  years  from  1897  to  1907, 
when  we  attained  the  high  annual  death  rate  of  4.86  deaths 
per  1,000  employees.  Fortunately,  the  year  1908  showed  a 
reduction  to  3.60  deaths  per  1,000,  and  in  1909,  the  death  rate 
was  still  further  decreased;  we  can  only  hope  it  will  continue 
to  decrease.  The  present  rate  is  most  appalling  when  one 
considers  it,  in  comparison  with  that  of  France  or  Belgium, 
where  the  annual  mortality  rates  are  but  1  per  1,000. 

In  view  of  the  high  accident  rate  in  the  collieries  of  this 
country,  it  might  be  questioned  if  the  attention  attracted 
by  the  disasters  has  lead  to  much  improvement  of  conditions. 
Undoubtedly  there  has  been 'improvement,  but  it  has  not, 
until  1908,  kept  pace  with  increased  dangers  due  to  rapid 
development,  and  greater  natural  dangers  arising  from 
greater  depth  of  working  with  consequent  increase  in  flow 
of  explosive  gas  and  the  increased  use  of  black  powder  in 
lieu  of  pick  work. 

Metal  Mining  Accidents: 

When  attention  is  directed  to  metalliferous  mining  ac- 
cidents, we  are  surprised  to  find  that  many  of  the  states 
in  which  mining  is  done  make  no  record  of  the,  deaths  and 
injuries  in  metal  mining,  and  the  Federal  government  has 
hitherto  made  no  attempt  to  gather  such  statistics.  This 
strange  lack  of  information  cannot  be  because  the  metal 
mine  operators  as  a  rule  are  less  interested  in  the  welfare  of 
their  employees;  there  are  many  instances  to  show  the  con- 
trary. 

It  is  noticeable  that  the  states  that  do  not  gather  mine 
accident  statistics  are  chiefly  those  in  which  there  is  no  coal 
mining.  Coal  miners  and  operators,  in  going  from  the  old 
established  coal  mining  centers  of  the  East  and  from  Europe 
have  carried  with  them  their  customs  and  systems  of  law 


MINE  ACCIDENT  INVESTIGATIONS.  237 

and  regulations  which  include  the  recording  of  mine  acci- 
dents. 

Metalliferous  miners  in  this  country  have  largely  formed 
their  own  precedents,  and,  probably  due  to  the  wide  divers- 
ity of  mining  systems,  in  turn  due  to  great  differences  in 
natural  conditions,  there  has  not  been  the  same  community 
of  interests  among  metalliferous  miners  until  more  recently. 
Your  committee  on  uniform  mining  laws  and  prevention  of 
mine  accidents,  in  its  report  to  this  congress,  has  clearly 
brought  to  attention  the  lack  of  metal  mining  statistics,  ex- 
cept in  certain  states  and  those  states  have  the  best  mining 
laws. 

Mr.  Frederick  L.  Hoffman,  the  well  known  statistician, 
has  done  valuable  service  to  the  metal  mining  industry  in  at- 
tempting to  obtain,  in  spite  of  lack  of  official  statistics,  the 
fatality  rates  in  different  sections  of  the  country.  As  his 
report,  published  in  the  Engineering  and  Mining  Journal  of 
March  5,  1910,  has  been  re-published  by  the  committee  on 
uniform  laws,  I  will  not  attempt  to  comment  on  it  except  to 
call  attention  to  the  fact  that  he  finds  the  average  rate  is 
practically  the  same  as  in  coal  mining,  despite  the  general 
acceptance  that  the  natural  conditions  are  less  hazardous. 
His  figures  also  show  that  there  is  a  greater  variation  in 
different  metal  mining  districts  than  in  different  coal  min- 
ing districts,  and  that  the  accident  rates  in  both  are  appal- 
lingly high  as  compared  with  those  of  European  countries. 

Attacking  another  phase  of  the  conditions  under  which 
miners  work,  Mr.  Hoffman  in  an  article  in  the  Engineering 
and  Mining  Journal  of  July  2, 1910,  has  commented  upon  the 
excess  of  sickness  and  ill:  health  of  miners  as  a  class,  com- 
pared with  those  who  work  in  the  open  air. 

Haldane  &  Thomas  Paper  on  Miners'  Diseases. 

Messrs.  J.  S.  Haldane  and  E.  A.  Thomas,  in  an  article 
which  appeared  in  the  Transactions  of  the  Institution  of 
Mining  and  Metallurgy,  volume  13,  reached  the  following 
conclusions  after  a  study  of  the  health  statistics  of  miners 
and  others  living  in  England,  Wales  and  Cornwall: 


238  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

"1.  Apart  from  lung  diseases  and  a  slight 
excess  of  fatal  accidents,  (many  of  which  are  not 
underground)  metalliferous  mining  in  England  is  a 
very  healthful  occupation." 

i  '2.  After  the  age  of  25,  there  is  an  extraor- 
dinary contrast  as  regards  the  death  rate  from  lung 
diseases  between  colliers  and  iron-stone  miners  on 
the  one  hand  and  metalliferous  miners  on  the  other. 
Since  1892,  the  death  rate  from  lung  diseases  has  so 
increased  that  now  the  deaths  due  to  lung  diseases 
in  the  metalliferous  mines  are  8  to  10  times  as  great 
as  that  of  colliers  or  iron-stone  miners  of  the  same 
age." 
The  authors  further  state: 

'  *  The  variety  of  lung  diseases  which  is  chiefly 
responsible  is  returned  as  phthisis  on  the  death  cer- 
tificate. Among  older  men  deaths  from  bronchitis 
are  in  excess.  *  *  *  *  *  The  following  causes  have 
been  attributed  in  the  past  as  wholly  or  in  part  the 
cause  of  miners '  phthisis: " 

"1.  Absence  of  sunlight.  This  cause  dis- 
missed as  having  nothing  to  do  with  the  disease. ' ' 

i  i  2.  Exposure  to  high  temperature  and  sudden 
variations  in  temperature.  This  cannot  be  an  im- 
portant cause  as  coal  miners  are  similarly  exposed,  i 

"3.  Gaseous  impurities.  Surprisingly  little 
attention  is  given  to  the  question  of  ventilating 
metal  mines  as  compared  with  coal  mines.  Conse- 
quently, lung  diseases  in  metal  mines  have  been 
largely  attributed  to  poor  ventilation. " 

Messrs.  Haldane  and  Thomas  did  not  agree  with  the 
foregoing  suggested  causes  as  they  found  that  the  mines 
they  examined  in  Cornwall  were  freer  from  gaseous  im- 
purities than  the  air  of  coal  or  iron-stone  mines.  They  dis- 
cussed three  possible  causes: 

1.  The  stone  dust  produced. 

2.  The  smoke  produced  by  explosives. 

3.  Infectious  bacteria. 


MINE  ACCIDENT  INVESTIGATIONS.  239 

They  decided  that  infection  by  tubercular  bacillus  will 
not  explain  the  facts  relating  to  miners '  phthisis.  They  con- 
sidered that  the  smoke  from  explosives  and  candles  was 
"  probably  inappreciable. "  The  final  conclusion  of  Messrs. 
Haldane  and  Thomas  was  that  the  inhalation  of  the  stone 
dust  was  the  cause  of  the  lung  disease  which  is  common 
among  the  Cornish  and  other  miners.  They  state  that  out 
of  142  men  who  had  worked  rock  drills  in  the  Cornwall  dis- 
trict, 94  per  cent  died  of  lung  diseases  and  the  average  age 
of  death  was  37  years,  and  -of  178  men  who  did  not  work 
with  rock  drills,  65  per  cent  died  of  lung  diseases,  but  the 
average  at  death  was  50  years. 

They,  therefore,  considered  that  the  introduction  of 
rock  drills  in  Cornwall  is  responsible  for  the  recent  great 
increase  in  the  mortality  of  Cornish  miners  between  the 
ages  of  25  and  50  years.  They  thought  that  there  was  no 
reason  for  believing  that  the  dust  produced  its  effects  upon 
the  lungs  in  any  other  way  than  mechanically  by  its  hard- 
ness, sharpness  and  insolubility,  as  there  seemed  to  be  little 
difference  in-  effect  whether  the  dust  was  from  quartz, 
granite,  flint,  gannister  or  hard  sandstone. 

In  a  discussion  which  followed  the  Haldane  and  Thomas 
paper,  Dr.  Oliver  stated,  i  i  that  miners '  phthisis  belonged  to 
a  group  of  diseases  in  which  the  spongy  texture  of  the  lungs 
became  converted  into  a  hard  solid  tissue. ' ' 

Mr.  E.  J.  Watkins,  who  had  charge  of  a  sampling  mill, 
stated  that  when  certain  kinds  of  dust  were  sampled,  men 
were  knocked  out  often  for  many  days,  and  that  a  certain 
sulphide  ore  of  certain  composition  gave  the  most  trouble. 

South  Africa: 

Much  attention  has  been  paid  in  South  Africa  to  the 
miners'  phthisis,  and  in  1902  prizes  were  offered  for  "the 
three  best  practical  suggestions  and  devices  for  obviating, 
minimizing  or  combating  the  causes  leading  to  miners' 
phthisis. "  The  advertisement  offering  these  prizes  stated 
that  while  no  definite  information  was  before  the  Commis- 
sion, it  was  generally  assumed  that  the  cause  of  the  disease 


240  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

lay  in  the  inhalation  by  the  men  of  fine  dust  produced  by 
rock  drills. 

Two  hundred  and  twenty-nine  competitors  responded. 
Most  of  the  suggestions  were  regarded  as  impracticable 
methods  for  wetting,  through  jets,  the  dust  as  made  by  the 
drill,  and  atomizers  or  sprinklers  for  laying  the  dust  when 
made,  received  most  attention,  and  some  of  the  devices  were 
regarded  by  the  Commission  as  promising. 

Gases  from  Blasts. 

In  addition  to  the  menace  of  stone  dust  and  despite  the 
statements  in  the  foregoing  quotations,  it  is  evident  that  in 
some  mines  and  in  some  places,  where  there  is  no  positive, 
or  little  ventilation,  the  breathing  of  gases  from  the  combus- 
tion of  explosives  produces  an  unfortunate  effect  upon  the 
men,  which  at  times  has  been  accumulative  in  its  effects. 
We  know  from  the  work  which  has  been  done  by  Haldane 
and  others  the  poisonous  effects  of  minute  quantities  of  car- 
bon monoxide  which  is  absorbed  by  the  blood  in  lieu  of 
oxygen,  and  if  a  man  is  continuously  exposed  he  rapidly  suc- 
cumbs. This  is  the  case  when  there  is  over  .3  of  1  per  cent 
in  the  atmosphere.  Moreover,  recovery  of  one  partly  pois- 
oned is  slow.  It  seems  probable  that  when  a  man  is  reg- 
ularly exposed  to  small  quantities  in  the  air,  he  may  become 
in  time  more  or  less  incapacitated. 

With  nearly  all  high  or  quick  explosives  on  the  market, 
carbon  monoxide  forms  a  large  portion  of  the  gases  of  com- 
bustion. From  time  to  time  we  hear  of  men  being  overcome 
in  the  mines  by  such  gases  and  in  some  instances  even  being 
killed,  notably  the  case  that  occurred  in  the  Gunnison  tunnel 
in  Colorado  on  January  16,  1910,  when  a  shift  of  men  while 
waiting  for  the  smoke  from  a  round  of  50  holes  to  clear, 
were  overcome  and  nine  of  them  died,  evidently  due,  ac- 
cording to  the  facts  as  reported,  to  monoxide  poisoning. 

Investigation  of  Mine  Accidents  Inj  Bureau  of  Mines: 

Under  the  terms  of  enactment  of  the  Bureau  of  Mines, 
the  investigation  of  coal  mine  accidents  started  under  the 


MINE  ACCIDENT  INVESTIGATIONS.  241 

jurisdiction  of  the  United  States  Geological  Survey  will  be 
continued  by  the  Bureau  of  Mines.  This  investigation  con- 
sists of  testing  of  explosives  for  use  in  gaseous  or  dusty 
mines,  (those  that  pass  being  listed  as  " permissible  explos- 
ives") ;  the  investigation  of  safety  lamps  and  of  rescue  ap- 
paratus of  all  kinds;  the  establishment  of  rescue  stations  for 
the  education  and  training  of  miners  in  the  use  of  rescue  ap- 
paratus; the  investigation  of  mine  disasters  by  mining  en- 
gineers, with  a  view  of  finding  preventives;  the  study  of 
the  humidity  of  mine  air  in  its  effect  upon  the  drying  or 
moistening  of  coal  dust;  the  collection  and  analysis  of  mine 
gases  and  study  of  their  sources  and  changes  of  efflux  from 
the  strata ;  the  study  by  electrical  engineers  of  the  different 
phases  of  mine  installations  with  a  view  to  lessening  the 
dangers  therefrom;  and  the  collection  By  the  mining  engi- 
neers of  samples  of  coal  throughout  the  country,  which  while 
partly  for  governmental  fuel  supplies,  is  also  of  service  in 
connection  with  mine  accident  work,  through  the  relation  of 
the  coal  to  the  production  of  dust  and  gas. 

The  foregoing  work  has  in  the  past  been  carried  on  by 
a  well  equipped  laboratory  at  Pittsburg,  aided  by  a  small 
field  force  of  mining  engineers.  Much  time  has  been  oc- 
cupied in  purely  educational  work  among  the  miners  and 
foremen.  It  is  proposed  to  continue  all  this  work  and  pos- 
sibly to  enlarge  slightly  from  time  to  time  as  funds  may  be 
provided  by  Congress,  to  better  cover  the  widespread  coal 
fields  of  the  country. 

Under  the  law  establishing  the  Bureau  of  Mines,  the 
scope  of  the  work  has  been  enlarged,  and  the  investigation 
of  mine  accidents  has  been  extended  to  cover  both  quarries 
and  metalliferous  mines.  It  is  expected  that  mining  engi- 
neers who  have  been  already  connected  with  the  accident  in- 
vestigations, in  coal  mines,  will  extend  their  observations 
so  far  as  possible  to  all  kinds  of  mining  and  quarrying. 

The  appropriation  for  this  year  will  allow  but  few  ad- 
ditions to  the  force,  but  if  the  results  justify,  it  is  not  im- 
probable that  Congress  will  provide  for  extension  of  the 
work  in  the  future. 

It  is  manifest  that  there  is  ample  room  to  do  good  work 


242  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

in  the  investigation  of  the  metalliferous  mine  accidents,  par- 
ticularly in  studying  in  the  field  the  effects  of  stone  dust 
and  of  gases  arising  from  the  discharge  of  explosives  and, 
at  the  Pittsburg  station,  in  the  study  of  the  explosives  used 
in  metal  mining  with  a  view  to  obtaining  such  explosives 
that  the  products  of  combustion  will  be  less  harmful  to  the 
health  of  the  miners. 

In  another  direction,  in  quarries  and  in  metalliferous 
mines,  the  gathering  of  statistics  of  accidents  by  a  federal 
bureau,  working  in  conjunction  with  state  bureaus,  a  work 
hitherto  ably  done  by  Mr.  E.  W.  Parker  for  coal  mine  acci- 
dents, will  be  of  great  value,  inasmuch  as  it  will  lead  to  pre- 
caution being  taken  to  prevent  many  accidents,  the  causes  of 
which  are  often  overlooked.  Unification  of  the  methods  of 
gathering  such  mine  accident  statistics  will  also  be  of  value 
inasmuch  as  it  will  enable  the  intelligent  comparison  of  sim- 
ilar kinds  of  accidents  in  different  districts  and  countries 
and  thus  lead  to  betterment  of  conditions. 

Besides  this  valuable  feature  there  is  another.  It  is  the 
tendency  of  the  times  to  look  forward  to  a  time  when  each 
industry  will  bear  the  load  of  caring  for  its  killed  and  in- 
jured. Already  a  number  of  progressive  mining  companies 
have  started  insurance  organizations,  the  cost  of  which  is 
borne  partly  by  the  employees  and  partly  by  the  companies. 
In  any  case,  there  can  be  little  question  that  if  an  industry 
is  in  a  thoroughly  healthy  condition,  it  should  be  able  to 
bear  the  cost  of  caring  for  those  injured  in  its  business,  and 
for  the  pensioning  of  needy  widows  and  orphans,  to  greater 
or  less  extent.  As  a  matter  of  common  humanity,  this  prop- 
osition can  hardly  be  disputed.  If  prevailing  conditions 
prevent,  it  means  that  the  price  obtained  for  the  product 
should  be  raised  to  meet  these  conditions.  No  doubt  this 
movement  must  be  gradual  to  not  disarrange  business 
affairs. 

Accompanying  this  paper,  there  are  forms  giving  sug- 
gested classifications  of  accidents  in  metal  mines  and  coal 
mines.  These  classifications  are  not  in  any  sense  final,  but 
are  put  forward  for  discussion.  They  follow  to  some  extent 
the  English  system,  though  a  little  more  elaborate.  It  is 


MINE  ACCIDENT  INVESTIGATIONS.  243 

only  by  close  sub-division  that  analysis  of  the  causes  of  ac- 
cidents can  be 'made  satisfactorily. 

In  another  matter  the  Bureau  of  Mines  may  be  able  to 
give  valuable  aid;  namely,  in  promoting  the  unification  of 
mining  laws  and  regulations,  such  as  those  proposed  by  the 
several  committees  reporting  to  this  Congress. 

There  are  doubtless  many  problems  in  connection  with 
mine  acidents  which  are  not  mentioned  in  this  paper,  and 
of  which  members  of  the  Bureau  of  Mines '  staff  will  be  glad 
to  learn  from  the  mining  engineers  of  the  country.  While 
the  question  is  complex  it  is  worthy  of  our  best  efforts  since 
it  deals  with  the  lessening  of  loss  of  life  and  limb. 

Suggested  Form  for  Tabulation  of  Non-Metallic  Mine  Accidents. 
I.    UNDERGROUND  ACCIDENTS: 

(a)  EXPLOSIONS: 

1.  Coal  dust. 

2.  Fire  damp. 

3.  Coal  dust  or  fire  damp  (cause  undetermined). 

(b )  FALLS  OF  GROUND : 

1.  Fall  of  roof  at  face. 

2.  Fall  of  roof  in  drawing  pillars. 

3.  Fall  of  coal  at  face. 

4.  Fall  of  roof  in  roadways. 

(c)  MISCELLANEOUS  UNDERGROUND: 

vf  '"'• 

1.  Explosives:' 

a.  Handling  loose  explosives. 

b.  Thawing. 

c.  Premature  firing. 

d.  Digging  out  misfires. 

e.  Flying  pieces  of  rock  or  coal  from  shots. 

2.  Suffocation: 

a.  By  natural  gases. 

b.  By  gases  from  fires. 

c.  By  gases  from  blasts. 

3.  Irruptions  from  water. 


244  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

4.  Haulage: 

a.  Eope  breaking. 

b.  Bun  over  or  crushed  by  cars  or  locomotive. 

5.  Electric  shocks  from: 

a.  Trolly  wire, 

1.  Below  300  volts. 

2.  Above  300  volts. 

b.  Fixed  power  cable, 

1.  Below  300  volts. 

2.  Above  300  volts. 

c.  Switches. 

d.  Machines  or  trailing  cables. 

6.  Man  falling  down: 

a.  Winze. 

b.  Chute 

c.  Stope. 

d.  Manway. 

7.  Drilling  or  mining  machine  accidents. 

8.  Miscellaneous. 

II.     SHAFT  ACCIDENTS: 

1.  Overwinding. 

2.  Eope  or  connections  breaking. 

3.  While  ascending  or  descending  on  cage. 

4.  Falling  into  shaft. 

5.  By  things  falling  into  shaft. 

6.  Miscellaneous  shaft  accidents. 

[II.     SUEFACE  ACCIDENTS: 

1.  Tipple  or  tower  accidents. 

2.  Outside  incline — plane  or  tramway. 

3.  Power  house  accidents. 

a.    Engine  or  boiler  accidents. 

4.  Electric  shocks. 

5.  Eailroad  accidents    (incident  to  loading  and 

switching). 

6.  Washery  and  coke  oven  accidents. 

NOTE— It  is  proposed  gathering  the  statistics  for  the 
number  of  accidents  and  number  of  men  killed  and  injured 
by  accidents,  tabulating  each  of  the  three  classes  separately. 


MINE  ACCIDENT  INVESTIGATIONS.  245 

Suggested  Form  for  Tabulation  of  Metal  Mine  Accidents. 

I.    UNDERGROUND  ACCIDENTS: 

(a)  FALLS  OF  ROOF,  WALL  OR  TIMBER: 

1.  Fall  of  roof  or  hanging  wall  in  headings. 

2.  Fall  of  ore  or  wall  in  stope  or  winze. 

3.  Slippage  or  breakage  of  timbers. 

4.  Run  of  ore  in  chutes. 

(b)  MISCELLANEOUS  UNDERGROUND: 

1.  Explosives : 

a.  Handling  loose  explosives. 

b.  Thawing. 

c.  Premature  fires. 

d.  Digging  out  misfires. 

e.  Flying  pieces  from  blast. 

2.  Suffocation: 

a.    By  natural  gases, 
b..    By  gases  from  fires, 
c.    By  gases  from  blasts. 

3.  Irruptions  of  water. 

4.  Haulage: 

a.  Breakage  rope. 

b.  Run  over  or  crushed  by  cars. 

5.  Electric  shocks: 

a.    Trolley. 

1.  Below  300  volts. 

2.  Above  300  volts, 
b.     Power  cable. 

1.  Below  300  volts. 

2.  Above  300  volts. 

c.  Switches. 

d.  Electric  machines  or  pumps. 

6.  Man  falling: 

a.  Down  winze. 

b.  Down  chute. 

c.  Down  stope. 

d.  Down  manway. 

7.  Drilling  accidents  (from  machine  or  drills). 

8.  Miscellaneous. 


246  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

II.     SHAFT  ACCIDENTS : 

1.  Overwinding. 

2.  Connections  or  ropes  breaking. 

3.  While  ascending  or  descending  shaft  by  ma- 
chinery. 

4.  Falling  into  shaft, 

a.  From  surface. 

b.  From  part  way  down. 

5.  By  things  falling  down  shaft, 

a.  From  surface. 

b.  From  part  way  down. 

6.  Miscellaneous  shaft  accidents. 

III.    SURFACE  ACCIDENTS: 

1.  Head  house  accidents. 

2.  Outside  tramway. 

3.  Power  house  accidents, 

a.  Boiler  and  engine. 

b.  Electric  shocks. 

4.  Miscellaneous  surface  accidents. 

NOTE — It  is  proposed  gathering  the  statistics  for  the 
number  of  accidents  and  number  of  men  killed  and  injured 
by  accidents,  tabulating  each  of  the  three  classes  separately. 


Address  of  Professor  S.  B.  Christy, 

DEAN  OF  THE  COLLEGE  OF  MINING,  UNIVERSITY  OF  CALIFORNIA. 

Mr.  President,  Ladies  and  Gentlemen,  members  of  the 
American  Mining  Congress :  I  did  not  come  here  to  make  an 
address;  I  came  here  to  listen  and  to  learn  in  what  way,  if 
any,  the  University  of  California  may  be  of  help  to  the  oil 
miners  of  California.  I  cannot  but  welcome  this  opportun- 
ity, however,  of  saying  a  few  things  that  have  long  been  in 
my  mind. 

In  the  first  place,  as  a  Californian,  as  a  native  born 
San  Franciscan,  I  wish  to  say  that  we  are  all  proud  of  Los 
Angeles.  We  are  proud  of  the  hearty  reception  that  you 
have  given  the  miners.  We  Califofnians  are  all  used  to  Cal- 
ifornia climate,  and  while  perhaps  you  have  a  little  more 
of  it  than  we  have  up  north,  the  one  thing  that  I  envy  you 
for  most  is  the  spirit  of  loyal  co-operation  that  this  city  has 
shown  in  everything  you  have  undertaken.  This  spirit  has 
enabled  you  to  work  the  miracles  you  have  already  accom- 
plished and  will  yet  accomplish. 

Californians,  usually  sons  of  pioneers,  are  individual- 
ists, each  relying  exclusively  on  himself,  but  they  have  not 
yet  learned  that  in  union  there  is  strength.  You  have 
learned  it  in  Los  Angeles.  I  hope  the  gospel  will  spread 
north  and  south  and  east  and  west  until  it  makes  California 
what  you  have  made  of  Los  Angeles — an  intensely  loyal 
commonwealth. 

In  the  next  place,  I  wish  to  congratulate  the  American 
Mining  Congress  on  the  successful  completion  of  one  of  the 
tasks  they  have  had  set  before  them  for  the  last  fifteen 
years.  We  set  out  to  get  a  cabinet  officer,  to  have  the  same 
recognition  for  mining  that  agriculture  has  always  had.  I  re- 
member some  years  ago  presenting  a  set  of  resolutions  at  the 
Mining  Congress  at  Salt  Lake  City,  where  we  decided  to 
stay  with  the  fight,  no  matter  what  would  happen,  until  we 
got  a  cabinet  officer.  We  have  made  the  first  step  toward 


248  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

that  accomplishment,  and  I  feel  sure  that  in  the  end  we  will 
succeed  in  having  the  recognition  for  the  mining  industry 
that  has  already  been  given  to  agriculture. 

You  have  heard  from  this  platform  the  words  of  Mr. 
Pinchot  that  the  President  of  the  United  States  in  selecting 
Dr.  Holmes  jhad  selected  the  one  man  most  fitted  for  the 
task  of  heading  this  new  bureau.  I  feel  sure  that  after  hear- 
ing him  speak  to-night  you  will  join  in  that  sentiment.  A 
good  many  of  us  tried  for  a  long  time  to  convince  President 
Taft  of  that  fact.  I  remember  meeting  Dr.  Holmes  for  the 
first  time  at  the  St.  Louis  Exposition,  where  he  had  charge 
of  that  magnificent  mining  exhibit.  I  was  filled  with  ad- 
miration for  the  splendid  way  in  which  he  improved  oppor- 
tunities— in  which  he  created  opportunities.  He  undertook 
there  things  which  all  his  mining  friends  told  him  calmly 
were  impossible,  and  he  said,  "I  know  it,  but  I  am  going  to 
do  it,"  and  he  did  it;  he  accomplished  the  impossible.  He 
is  one  of  those  men  that  you  can  not  say  no  to.  He  is  mild 
and  gentle,  never  self-assertive,  but  he  is  persistent  and  he 
has  a  winning  way  that  carries  the  point  on  every  occasion, 
and  I  feel  sure  that  we  shall  have  in  him  a  new  influence  to 
aid  and  strengthen  the  hands  of  the  miner. 

We  have  hitherto  always  had  the  support  of  the  United 
States  Geological  Survey,  and  I  want  to  here  express  myself 
as  one  of  the  hearty  and  whole-souled  supporters  of  that 
great  work. 

In  a  conversation  with  Director  Smith  some  time  be- 
fore this  matter  came  up  he  assured  me  that  the  Geological 
Survey  was  a  kind  of  incubator  of  original  ideas  of  one  sort 
and  another.  They  had  the  department  of  ethnology,  for 
instance,  which  was  a  favorite  hobby  of  Major  Powell,  and 
which  gradually  developed  to  such  an  extent  that  it  had  to 
be  turned  over  to  the  Smithsonian  Institution.  Then  they 
had  the  Reclamation  Service  which  grew  on  its  hands  to 
such  an  extent  that  it  became  difficult  to  administer  it,  and 
he  said  to  me,  "The  technological  bureau  is  growing  in  a 
similar  manner,  and  for  the  purposes  of  effective  organiza- 
tion and  administration  the  time  is  near  at  hand  when  it 


ADDRESS  OF  PROFESSO*R  S.  B.  CHRISTY.  249 

will  be  necessary  to  separate  that  also  and  put  it  under  a 
new  head."  I  look  for  these  two  bureaus  to  work  hand  in 
hand  for  the  development  of  the  mineral,  resources  of  our 
country,  and  I  am  sure  that  under  the  direction  of  Director 
Holmes  there  will  be  no  reason  for  friction  between  these 
two  great  agencies. 

I  wish  also  to  speak  of  another  work  along  similar  lines ; 
that  is,  the  work  that  the  University  of  California  is  endeav- 
oring to  do  in  its  School  of  Mines.  I  have  always  been  a  great 
believer  in  the  practical  man.  I  feel  that  we  all  owe  untold 
debts  of  gratitude  to  the  unknown  men  who  have  pioneered 
the  way  from  the  old  stone  age.  Only  a  few  months  ago  I 
had  the  pleasure,  at  the  Bohemian  Grove,  of  seeing  a  little 
play  presented  there  to  illustrate  the  development  of  the 
human  race  from  that  of  the  cave  man;  the  poet  and  the 
musician  selected  as  one  of  the  chief  incidents  of  their  plot 
the  asphaltum  lake  in  your  city  where  lie  preserved  the 
monsters  of  the  pre-historic  past.  They  had  there  the 
tooth  of  the  saber-toothed  tiger  found  in  that  lake,  and  they 
attempted  to  depict  the  growth  of  the  human  race  from  that 
of  the  cave  man  fighting  with  the  unaided  strength  of  his 
muscles  against  the  brutes  and  the  forces  of  nature.  We 
do  not  realize  when  we  use  the  hammer  that  somebody  in- 
vented it  once,  made  it  out  of  a  stone,  and  then  out  of  copper, 
and  then  out  of  bronze,  and  then  out  of  steel,  and  that  at 
each  step  some  unknown  practical  man  has  smoothed  the 
way,  has  made  some  slight  improvement  that  has  made  for 
civilization. 

Perhaps  no  part  of  the  civilized  world  shows  a  greater 
accomplishment  for  the  practical  man  than  the  United 
States.  We  often  hear  about  the  American  temperament; 
they  say  it  is  due  to  climate.  It  cannot  be  due  to  climate, 
however.  We  have  every  kind  of  climate,  from  the  frigid 
to  the  torrid,  in  the  United  States.  It  is  not  due  to  climate. 
Down  over  the  Mexican  line  every  day  is  manana;  up  above 
the  Canadian  line  every  day  seems  to  be  like  Sunday.  What 
is  the  reason  that  all  kinds  of  races  are  melted  together  in 
the  melting  pot  of  our  common  country  and  have  created 


250  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

what  we  call  the  American  temperament?  It  is  the  equal- 
ity of  opportunity.  It  is  the  sense  that  what  we  do,  what 
we  accomplish,  depends  upon  ourselves.  This  is  the  stimu- 
lant, acting  day  and  night  upon  people  of  all  races,  which 
has  made  the  American  temperament,  the  temperament  that 
never  sleeps,x  that  is  always  working,  that  never  gives  up, 
that  sometimes  wears  a  man  to  death  and  turns  him  into  the 
scrap  heap  at  thirty -five  or  forty,  hut  which  accomplishes 
things.  There  is  no  doubt  in  my  mind  that  the  accomplish- 
ment of  the  American  miner  is  greater  than  that  of  any 
other  miner  in  the  world. 

While  this  is  true,  it  is  also  true  that  it  has  been  ac- 
complished at  a  terrible  cost  of  life  and  capital.  It  is  a  by- 
word in  America  that  we  have  little  regard  for  human  life. 
And  that  is  true.  We  are  too  busy  accomplishing  other 
things  to  have  much  regard  for  human  life;  and  it  seems 
right  here  that  there  is  room  for  a  mining  school  as  well  as 
for  the  mining  bureau  which  will  help  to  conserve  the  pow- 
ers of  nature  and  to  increase  the  powers  of  men  by  turning 
the  attention  of  young  men  to  the  fact  that  if  they  work 
with  the  laws  of  nature  they  can  accomplish  much  more  than 
if  they  work  against  them.  And  that  is  what  we  are  trying 
to  do  at  the  University  of  California.  We  are  trying  to 
make  the  young  men  realize  what  the  forces  of  nature  are; 
that  there  are  no  exceptions  to  the  laws  of  nature;  that 
there  is  no  appeal  to  a  higher  court;  that  each  decision  is  a 
final  one;  and  that  if  a  man  fails  to  comply  with  the  laws 
of  nature  he  has  to  pay  the  price,  and  there  is  no  escape. 
When  a  man  realizes  that,  when  he  knows  what  the  forces 
of  nature  are,  he  can  learn  to  benefit  himself  and  his  race 
by  applying  them,  and  that  is  what  we  are  trying  to  do  in 
your  mining  school  at  the  University  of  California. 

We  have  gotten  together  in  the  faculty,  we  have 
weighed  and  measured  each  course  of  discipline,  and  we 
have  simmered  it  all  down  to  very  simple  things.  There  is, 
first,  observation,  and  then  there  is  reasoning  upon  the  re- 
sults of  observation  and  the  formation  of  some  sort  of  a 
hypothesis  or  theory,  and  then  there  is  a  testing  of  that 


ADDRESS  OP  PROFESSOR  S.  B.  CHRISTY.  251 

theory  by  experiment.  Those  are  the  three  fundamental 
operations  which  have  lead  man  from  the  cave  man  to  what 
he  is  today.  Those  are  the  only  ways — observation,  re- 
flection, experiment.  To  make  our  students  realize  those 
forces  and  how  to  use  them,  that  is  what  we  are  trying  to  do 
today.  There  are  innumerable  questions  that  come  up  in 
mining.  One  cannot  teach  a  young  man  in  detail  how  to 
solve  them  all — there  are  too  many;  but  if  he  gets  a  clear 
working  knowledge  of  the  principles  of  mathematics,  of 
physics,  of  chemistry,  of  geology  and  of  mineralogy,  and  if 
he  acquires  some  little  knack  of  applying  them  to  some  sim- 
ple problems  he  can  be  trusted  to  work  his  larger  problems 
out,  no  matter  what  they  may  be ;  whether  it  be  the  amalga- 
mation of  gold  ore  in  California  or  Nevada,  or  the  thawing 
out  of  frozen  gravel  in  the  Klondike;  whether  it  be  cyanide 
gold  or  silver  ores  in  Mexico,  in  South  Africa  or  in  Korea, 
as  some  of  our  boys  are  now  doing;  whether  it  be  the  dis- 
covery of  oil,  the  working  of  oil  deposits,  the  discovery  of 
new  uses  for  oil,  of  greater  possibilities  in  utilizing  its  pro- 
ducts— their  mastery  is  all  founded  on  these  simple  funda- 
mental principles. 

It  is  in  carrying  out  those  ideas  that  we  are  trying  to 
help  the  State.  Some  of  our  professors  have  been  very  much 
interested  in  these  deposits  in  the  asphalt  beds;  they  have 
made  some  very  remarkable  discoveries  in  those  beds.  They 
no  doubt  contain  other  fossil  remains  which  are  not  yet 
known.  Our  geological  professors  are  working  away  at 
some  of  the  problems  of  the  oil  fields.  Our  chemistry  pro- 
fessors are  trying  to  study  out  new  ways  of  refining  and 
purifying  oils,  or  perhaps  making  new  products  from  them 
that  will  be  useful,  and  we  are  trying  in  every  way  we  can 
to  train  a  lot  of  self-respecting,  hard-working  young  fel- 
lows to  go  into  the  field,  to  put  on  the  overalls  and  the 
jumper  and  do  their  part  like  men.  When  the  boys  come 
to  me  for  their  summer  school  experience  wishing  to  have 
a  letter  of  recommendation  saying  they  are  students  from 
the  University,  I  always  tell  them,  ' '  Say  nothing  about  be- 
ing a  University  man,  but  put  on  your  old  clothes  and  tell 


252  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

the  foreman  you  are  looking  for  a  job,  and  if  you  are  any 
good  you  will  succeed,  if  not  you  will  be  fired,  then  go  to 
another  place  and  do  better  next  time ; ' '  and  that  has  been, 
I  think,  the  turning  point  in  the  development  of  our  Mining 
School,  that  the  men  have  been  encouraged  to  put  them- 
selves on  their  merits  as  men.  If  they  are  not  manly  men 
it  is  just  as  well  to  find  it  out  early,  so  that  they  may  go  to 
selling  tape  or  into  some  other  occupation  of  a  more  lady- 
like nature;  but  when  they  have  gone  out  and  measured 
themselves  up  against  real,  live  men  they  always  come  back 
to  college  with  a  new  zest,  a  new  enthusiasm  for  their  work ; 
and  since  we  have  done  that  the  graduates  of  our  college 
have  begun  to  hold  their  own  wherever  they  have  gone  on 
the  face  of  the  globe — and  I  can  say  that  without  boasting, 
for  their  records  speak  for  themselves. 

I  also  wish  to  make  a  reference  to  that  generous  lady, 
that  noble  woman,  who  has  done  so  much  for  education  in 
California.  I  refer  to  Mrs.  Phoebe  A.  Hearst.  The  mining 
industry  is  peculiarly  indebted  to  her.  Her  gift  of  the 
Hearst  Memorial  Mining  Building  to  the  University  of 
California  as  a  memorial  to  her  husband,  Senator  Hearst, 
a  gift  which  has  already  cost  over  seven  hundred  thousand 
dollars,  has  given  to  the  state  of  California  the  most  beau- 
tiful, the  most  modern  and  the  most  efficient  mining  build- 
ing in  the  world.  I  say  this  without  exaggeration,  after 
having  seen  them  all. 

I  feel  that  I  owe  it  to  the  University  to  call  the  atten- 
tion of  this  Congress  and  particularly  of  the  citizens  of 
Los  Angeles,  who  are  known  to  be  liberal,  generous-minded 
people,  to  some  of  the  needs  of  the  University  of  California. 
The  mining  department  has  been  generously  provided  for, 
but  we  need  a  large  number  of  other  gifts  in  the  way  of 
buildings  and  endowments;  and  among  other  things  is  one 
which  is  very  dear  to  my  heart,  and  which  I  should  like  to 
see  someone  of  you  take  it  into  his  head  to  do,  and  that  is  to 
give  to  your  State  University  a  building  devoted  to  Geol- 
ogy and  Mineralogy.  We  have  at  the  present  time  at  the 
University  a  building  known  as  South  Hall,  one  of  the  first 


ADDRESS  OF  PROFESSOR  S.  B.  CHRISTY.  253 

gifts  of  the  state,  a  fine  brick  building,  in  which  is  housed 
the  department  of  geology,  mineralogy  and  physics;  but  the 
department  of  geology  has  not  room  enough  to  turn  around 
in.  Their  specimens  are  crowded  in  such  a  way  that  they 
cannot  be  exhibited,  and  this  department,  which  comes 
nearer  in  its  sympathies  and  uses  and  aims  to  the  mining 
industry  than  any  other,  is  sadly  crippled.  Most  of  the 
students  in  that  department  are  mining  students,  and  we 
are  crippled  at  the  present  time  for  lack  of  means  to  ex- 
hibit and  to  display  the  material  we  now  have,,  and  I  wish 
some  public  spirited  citizen  of  this  community  would  take 
it  into  his  heart  to  give  us  a  fine  building  for  the  Depart- 
ment of  Geology  and  Mineralogy.  We  need  a  building  like 
California  Hall,  that  cost  two  hundred  and  fifty  thousand 
dollars.  Why  can  not  the  people  of  Los  Angeles  give  us 
such  a  building  to  be  known  as  l  i  Los  Angeles  Hall, "  to  be 
devoted  to  the  study  of  the  geology  of  California?  Is 
there  no  man,  no  group  of  men  in  Los  Angeles  who  will  do 
for  your  University  one  fourth  as  much  as  has  been  done 
for  it  by  a  single  woman? 

In  conclusion  let  me  say  that  the  mining  course  at  the 
University,  like  that  of  all  the  other  engineering  courses, 
is  not  an  easy  one.  It  reminds  me  of  when  I  was  a  student 
at  the  University  in  President  Oilman's  time  he  used  to 
tell  a  story  of  a  lady  who  wished  her  son  to  study  civil 
engineering.  She  said:  " President  Oilman,  I  am  very 
anxious  to  have  my  son  become  a  civil  engineer,  but  he 
hates  mathematics;  now  can't  you  get  up  a  course  in  civil 
engineering  for  my  boy  with  the  mathematics  left  out?" 
Now  there  are  a  good  many  boys  of  that  kind  and  if  you 
find  a  boy  who  does  not  like  mathematics,  who  does  not  like 
hard  work,  mental  and  physical,  who  does  not  like  a  little 
spice  of  danger  now  and  then,  don't  send  him  to  Berkeley 
to  study  mining  engineering,  or  any  other  kind  of  engi- 
neering for  that  matter.  But  if  you  have  a  young  man  to 
whom  mathematics  comes  naturally,  who  has  a  love  of 
roughing  it,  of  coming  face  to  face  and  heart  to  heart  with 
nature,  it  is  a  good  thing  to  send  him  there  and  to  give  him 


254  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

an  opportunity  to  utilize  and  develop  all  there  is  in  him. 
DQ,  not  force  him  to  go  there  if  he  does  not  wish  to.  I  feel 
heart-broken  sometimes  when  I  see  young  men  come  to  the 
University,  not  because  they  wanted  to  come  but  because 
their  fathers  sent  them  there.  I  have  seen  such  young  men 
throw  away  their  opportunities  and  waste  their  time  and 
money,  because  their  fathers  too  generously  denied  them- 
selves to  give  their  sons  opportunities  which  they  did  not 
have  themselves  and  which  their  sons  did  not  appreciate. 
In  all  such  cases  the  only  thing  for  the  father  to  do  is  to 
take  his  son  out  of  college  and  put  him  at  hard  work,  be- 
cause, after  all,  earnest  work  is  the  only  thing  that  makes 
men  out  of  boys. 

I  am  glad,  however,  to  be  able  to  state  that  the  great 
majority  of  the  young  men  who  come  to  the  University  to 
study  mining  are  an  earnest,  able  and  capable  body,  who 
would  be  a  credit  to  any  state.  Most  of  them  have  had  a 
hard  struggle  to  get  their  education.  They  never  miss  an 
opportunity  to  improve  themselves  and  wherever  they  go 
on  the  face  of  the  earth  they  may  be  trusted  to  do  credit 
to  California. 

I  wish  to  remind  you  that  the  University  is  always 
ready  to  be  of  service  to  the  mining  industry;  that  the 
Hearst  Memorial  Mining  Building  stands  a  perpetual  mon- 
ument to  the  courage,  perseverance  and  creative  imagina- 
tion of  the  mining  pioneers  who  rescued  our  western  states 
from  barbarism,  and  I  wish  that  all  members  of  the  Amer- 
ican Mining  Congress  who  visit  the  University  of  Califor- 
nia at  Berkeley  will  remember  that  to  them  the  latch- 
string  always  hangs  out  at  the  door. 


Hints  To  Ore  Shippers. 


BY  S.  E.  BRETHERTON,  SAN  FRANCISCO,  CALIF. 

Having  been  honored  by  being  placed  on  the  committee 
of  '  *  Smelter  Bates, ' '  I  will  endeavor  to  say  something  inter- 
esting on  the  subject.  As  I  am  no  longer  interested  in  cus- 
tom smelters,  that  is,  smelters  depending  on  the  ore  they 
purchase  from  different  mines  to  keep  their  furnaces  going, 
my  statements  can  be  considered  impartial  if  not  unbiased. 

Should  I  attempt  to  describe  in  detail  each  branch  of 
the  Smelting  industry  that  has  any  bearing  on  Smelter 
Rates,  too  much  of  your  time  would  be  taken  up  and  the 
subject  become  tiresome. 

Until  within  the  last  few  years  I  was  connected  with 
Custom  Lead  and  Copper  Smelters, — altogether  more  than 
twenty -five  years,  acting  as  General  Superintendent  and 
Metallurgist,  a  great  portion  of  the  time  in  charge  of  mining 
properties,  shipping  to  the  same  or  other  smelters,  which 
gave  me  a  chance  to  view  the  situation  from  both  sides. 
Mistakes  would  occur  for  or  against  either  side,  but  these 
mistakes  were  mostly  clerical;  in  fact,  I  don't  remember  of 
any  firm  with  whom  I  have  been  associated  attempting  to 
interfere  with  or  cause  improper  returns  to  be  made.  No 
doubt  there  has  been  crooked  work  at  some  of  the  smelters 
and  Customs  Sampling  Works,  but  this  was  an  exception  to 
the  rule. 

The  Custom  Smelters  do  not  have  to  resort  to  improper 
methods  if  they  know  their  business.  It  is  to  be  expected 
that  they  take  the  benefit  of  a  doubt  in  their  own  favor,  the 
same  as  in  any  line  of  business  which  the  miner  does  not 
find  fault  with,  if  the  practice  is  not  carried  to  excess.  It  is 
sometimes  difficult  to  get  those  who  are  making  their  first 
shipments  and  who  have  not  been  previously  posted  to  un- 
derstand the  reasons  for  penalizing  the  different  so-called 
refractory  elements  in  the  ore,  such  penalties  being  added  to 
the  regular  treatment  charge. 


256  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

Part  of  the  smelting  business  is  in  knowing  how  to  get 
the  proper  ores  so  that  the  Metallurgist  can  make  suitable 
mixtures  and  reduce  the  amount  of  flux  to  be  purchased  as 
much  as  possible,  as  every  pound  of  barren  flux  which  has 
to  be  smelted  displaces  that  much  ore  on  which  the  Smelting 
Company  would  get  paid  for  treatment.  Smelter  rates  are 
published  quite  frequently  in  the  different  technical  jour- 
nals. Some  of  the  profits  are  made  by  mixing  the  excess 
zinc,  Barium  or  Silica  and  Alumina  of  one  shipper  ?s  ore  with 
the  clean  ore  sent  in  by  some  other  shipper.  Part  of  this 
benefit  of  mixing,  the  miners  had  been  receiving  several 
years  before  I  left  Leadville  and  will  be  referred  to  later. 

Taking  moisture  samples,  although  apparently  simple  is 
one  of  the  most  difficult  problems  to  solve,  that  is,  to  arrive' 
at  any  definite  conclusion  of  accuracy.  To  ship  and  crush 
a  lot  of  ore  before  taking  the  moisture  sample  would  be  al- 
lowing a  lot  of  moisture  to  escape  before  the  sample  was 
taken.  To  weigh  up  a  lot  of  lumps  in  the  moisture  sample 
would  be  wrong,  as  the  moisture  they  contain  would  not  be 
dried  out  at  the  temperature  used,  that  is,  the  water-bath 
which  is  used  for  drying  out  the  moisture  samples,  so  for 
convenience  and  safety  the  boy  taking  moisture  samples 
usually  selects  more  than  the  average  of  the  fine,  taking 
about  fifty  ounces  from  the  freshly  exposed  parts  of  the  ore 
pile  as  soon  as  possible  after  the  lot  has  been  weighed.  The 
sample  is  immediately  weighed,  and  dried  for  about  twenty- 
four  hours,  the  loss  in  weight  being  considered  as  moisture. 

To  satisfy  the  Mine  Eepresentative,  on  several  occas- 
sions  we  checked  the  method  by  drying  several  entire  wagon 
loads  for  a  week  on  steel  plates  over  the  roasters  with 
slightly  higher  results  than  the  daily  averages. 

Several  times  when  purchasing  copper  ore  from  exper- 
ienced men  in  other  lines  of  business,  it  took  some  time  to 
explain  that  after  deducting  the  weight  of  the  moisture  from 
the  ore  before  settling,  (the  ore  represented  by  the  weight 
paid  for  should  be  equally  as  dry  as  the  sample  pulp  on 
which  the  values  are  determined),  the  one  and  3-10  per  cent 
copper  had  to  be  deducted  from  the  wet  copper  assay,  as  re- 
ported on  the  assay  certificate  and  that  one  and  3-10  per  cent 


HINTS  TO  ORE  SHIPPERS.  257 

was  deducted  from  the  copper  assay  when  we  sold  our 
mattes  to  the  refinery. 

There  are  exceptions  to  the  rule  when  the  coarse  ore 
contains  the  most  moisture,  when  of  a  porous  or  spongy  na- 
ture, especially  when  containing  manganese. 

Passing  on  from  the  question  of  toll  in  the  moisture 
samples,  as  some  writers  on  the  subject  call  it,  comes  the 
question  of  accuracy  in  taking  the  regular  sample  to  deter- 
mine the  values  to  be  paid  for.  Some  parties  prefer  hand- 
sampling,  while  others  prefer  automatic  sampling.  When 
the  ore  is  sampled  by  hand,  that  is,  a  certain  percentage 
thrown  out  for  samples  as  the  workmen  remove  the  ore  after 
crushing  to  a  suitable  size,  not  too  small  for  smelting,  the 
men  are  supposed  to  throw  out  an  average,  but  are  often 
careless  and  need  constant  watching.  This  method  of  samp- 
ling is  expensive.  I  like  to  have  the  mine  representative  on 
hand,  if  he  will  constantly  watch  the  lot  being  sampled  as  it 
is  a  protection  to  the  buyer  as  well  as  the  seller.  On  the 
other  hand,  most  automatic  samplers  are  only  suited  for 
sampling  accurately  concentrates,  or  ore,  after  it  is  crushed 
finer  than  is  necessary,  or  suitable  for  smelting  in  blast  fur- 
naces, as  explained  in  my  article  on  automatic  samplers  in 
the  Mining  &  Scientific  Press  of  November  28th,  1903. 

With  all  the  chances  there  are  for  making  mistakes  in 
estimating  the  value  of  ore,  it  is  remarkable  how  accurately 
the  values  are  determined  and  how  closely  the  different 
sampling  works  that  follow  out  correct  principles  will  check 
each  other.  I  have  shipped  rich  ore,  concentrates,  and  cop- 
per mattes  sometimes  containing  thirty  ounces  of  gold  per 
ton,  to  the  smelters  at  Pueblo,  San  Francisco,  New  York  and 
Salt  Lake  City,  always  sampling  and  assaying  before  ship- 
ping, and  it  was  seldom  that  we  had  to  ask  for  a  re-sample. 
Quite  often  we  would  call  for  a  re-assay,  as  some  of  our  con- 
tracts would  not  allow  for  a  settlement  unless  the  assayers 
agreed  within  a  difference  of  $1.25  per  ton  in  the  combined 
average  differences  of  the  metal  values.  When  preparing 
the  sample  pulp  for  assay  from  ore  containing  metallic  gold 
and  silver,  the  shipper  often  thinks  he  is  defrauded  out  of 
metallics  caught  on  the  screen,  when  quite  likely,  he  is  not. 


258  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

for  it  is  surprising  how  the  metallics  will  grind  up  and  work 
through  the  seive  with  the  pulp;  but  where  there  is  any 
doubt,  all  particles  remaining  on  the  screen  should  have  lead 
added,  be  cupeled  and  the  results,  if  any,  added  to  the  reg- 
ular assay  in  proportion.  All  this  has  some  bearing  on 
"Smelter  Bates,"  as  it  is  often  thought  by  the  public  that 
part  of  the  smelter  profits  are  derived  from  such  sources, 
which  is  quite  true,  but  not  to  the  extent  generally  supposed. 

The  question  of  salting  has  also  to  be  considered,  the 
risk  being  nearly  all  against  the  ore  purchaser  and  in  favor 
of  the  ore  seller.  It  would  not  be  a  difficult  task  for  the 
shipper,  or  his  representative,  if  he  is  given  a  chance  to  drop, 
say  one  per  cent  of  gold  or  silver  salt  into  the  few  ounces  of 
the  sample  pulp  near  the  end  of  its  preparation  (1  per  cent 
equals  a  fraction  over  291  oz.  per  ton,  or  only  1-10  of  a  per 
cent  would  equal  29.16  oz.  equal  in  value  to  $583  per  ton, 
if  gold  were  added).  It  would  be  impossible  to  decrease  the 
values  in  the  same  way  by  adding  anything. 

There  is  another  danger  of  salting,  especially  where 
automatic  samplers  are  used,  of  the  ordinary  type,  by  the 
small  rich  lots  of  ore  salting  the  samples  from  large  lots. 
Large  portions,  and  perhaps  all  of  a  small  rich  lot  of  ore  is 
crushed  and  rolled  fine  and  treated  all  the  way  through  as 
a  sample. 

The  metallics,  tellurides,  chlorides,  etc.,  of  silver  and 
gold  will  gather  in  the  crevice  by  being  ground  in  and  stick- 
ing to  the  machinery  and  seldom  thoroughly  removed  by 
cleaning  before  perhaps  the  same  machinery  is  used  to  finish 
a  sample  representing  one-twentieth  of  a  lot  of  several  hun- 
dred tons  and  at  one-twentieth  the  value  per  ton. 

A  salting  of  only  fifty  cents  per  ton  of  the  large  lot 
sample  would  mean  a  heavy  loss.  This  is  one  of  the  objec- 
tions to  handling  small  lots;  another  is  that  the  labor  and 
expense  of  sampling  and  assaying  a  small  lot  of  ore  is  nearly 
as  great  as  though  the  sample  represented  several  hundred 
tons. 

Experience  teaches  us  that  the  loss  in  gold  is  much 
greater  when  smelting  rich  gold  ore  than  when  smelting  ore 
containing  very  little  gold.  In  fact,  there  is  often  more  gold 


HINTS  TO  ORE  SHIPPERS.  259 

recovered  when  smelting  ore  containing  low  gold  values 
than  is  accounted  for  by  the  assayers. 

In  the  usual  schedule  of  Smelter  Eates  a  lower  price  per 
ounce  is  offered  for  gold  in  low  grade  ore  than  in  high  grade. 

The  only  reason  I  can  give  for  this  is  that  there  is  less 
gold  to  make  a  profit  on  than  in  the  richer  ore. 

The  Western  Smelter  does  not  get  all  this  profit.  They 
usually  pay  from  $18  to  $20  per  ounce,  and  sell  for  from 
$19  to  $20  per  ounce  when  marketing  copper  mattes,  but 
get  more  for  both  gold  and  silver  when  marketing  it  in  lead 
bullion. 

There  are  good  reasons  for  this:  the  loss  in  gold  being 
so  much  greater  when  refining  copper  mattes  than  when 
refining  bullion,  the  refiners  have  to  buy  accordingly. 

The  metallurgical  loss  in  silver  is  much  greater  than  in 
gold,  the  Lead  Custom  Smelters  with  good  practice  make 
considerable  on  the  gold  and  silver,  but  the  Custom  Copper 
Smelter,  bidding  for  silver  ore  in  competition  with  the  lead 
smelter,  suffers  a  loss.  It  is  the  custom  to  pay  for  95  per 
cent  of  the  silver  contents  at  New  York  quotations,  re-sell 
the  same  silver  in  copper  matte  less  5  per  cent,  which  leaves 
the  metallurgical  loss  (anywhere  from  2  to  5  per  cent)  an 
actual  loss  against  the  treatment  charged. 

With  copper  there  is  a  considerable  gain  in  a  metal- 
lurgical way  with  a  Custom  Smelter,  as  the  custom  is  to  de- 
duct 1  3-10  per  cent  off  the  wet  assay,  the  actual  copper 
contents. 

Now,  suppose  the  ore  purchased  contained  an  average 
of  2  6-10  of  copper,  the  smelter  would  deduct  the  1  3-10, 
equal  to  50  per  cent  in  this  case,  whereas,  the  actual  loss 
should  not  be  greater  than  five  or  six  per  cent. 

On  lead,  like  silver,  the  metallurgical  loss  is  much 
greater  than  with  either  copper  or  gold,  which  accounts  for 
the  smelting  company  not  paying  for  more  than  90  per  cem 
of  the  lead,  dry  assay.  (The  dry  assay  for  lead  is  either 
made  by  the  regular  fire  assay  or  2  per  cent  is  deducted 
from  the  wet  assay.)  For  convenience,  where  the  ore  is  not 
too  refractory,  lead  assays  are  made  by  the  fire  method. 


260  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

After  considering  the  losses  and  gains  on  the  metals  to 
be  marketed,  such  as  gold,  silver,  copper  and  lead,  which 
have  some  bearing  on  smelter  rates,  we  must  take  into  ac- 
count the  elements  which  enter  into  the  cost  of  smelting  such 
as  manganese,  iron,  lime  magnesia,  on  the  credit  side,  and 
zinc,  sulphur,  silica,  alumina  and  barium  and  arsenic  on  the 
debit  side. 

At  some  of  the  copper  smelters,  in  Shasta  county,  Cali- 
fornia, silica  is  placed  on  the  credit  side,  due  to  the  fact 
that  their  copper  ore  contains  very  little  silica  and  a  very 
large  excess  of  iron,  so  that  the  smelting  companies  have  to 
make  rates  to  suit  local  conditions. 

The  shipper,  when  sending  in  a  lot  of  silicious  ore,  at, 
say  $5.00  treatment  per  ton,  neutral  basis  rate,  is  very  much 
disappointed  if  he  is  not  posted,  when  it  comes  to  final  set- 
tlement, for  if  the  ore  contains,  say  75  per  cent  silica,  13 
per  cent  alumina,  and  2  per  cent  of  iron,  the  alumina  should 
be  added  with  the  silica,  making  88  per  cent  insoluble. 

(The  metallurgist  may  call  for  a  fused  silica  later,  for 
his  guide  in  figuring  ore  mixtures  as  the  insoluble  deducted 
by  the  smelters  as  silica  may  contain  alumina  and  sulphate 
or  barium  " heavy  spar"  more  objectionable  than  the  silica 
which  he  has  to  figure  in  his  calculation  on  a  different 
basis.) 

Crediting  2  per  cent  of  iron,  leaves  86  per  cent  of  silica 
to  be  penalized,  at,  say,  ten  cents  per  unit,  amounting  to 
$8.60  per  ton  to  be  added  to  the  treatment,  total  $13.60  per 
ton  treatment.  Such  penalty  creates  a  hardship  on  the 
shipper  of  silicious  ore,  yet,  on  the  other  hand,  if  the  same 
man  sends  in  a  lot  of  ore  containing,  say  10  per  cent  silica 
and  60  per  cent  iron,  the  excess  iron  over  silica  is  50  per 
cent,  at  10  cents,  amounts  to  $5.00,  which  credit  deducted 
from  his  neutral  rate  of  $5.00  leaves  no  smelting  charge. 

This  is  a  high  premium  for  the  iron;  but  supposing  they 
have  to  purchase  barren  iron  ore  for  flux,  containing  64  per 
cent  of  iron  and  4  per  cent  of  silica.  In  practice,  it  requires 
approximately  2  per  cent  of  iron,  or  its  equivalent,  to  1  per 
cent  silica,  the  actual  excess  of  iron  would  be  only  56  per 
cent  equal  to  28  per  cent  silica,  in  regular  lead 


HINTS  TO  ORE  SHIPPERS.  261 

smelting  practice.  The  smelter  gets  $2.80  from  the 
28  per  cent  of  silica  penalty,  whereas  64  per  cent 
iron  ore  usually  costs  double  that  amount.  This 
helps  to  explain  why  there  have  been  so  many 
Smelting  Company  failures.  The  copper  metallurgist  has 
the  advantage  in  being  able  to  make  a  more  silicious  slag. 
1  per  cent  iron  being  equal  approximately  to  1  per  cent  of 
silica,  but  if  it  is  a  small  plant  and  the  matte  shipped  out. 
instead  of  being  converted  locally  to  metallic  copper,  this 
advantage  is  mostly  lost  by  the  iron  shipped  out  in  the 
matte.  *  ' 

It  is  difficult,  in  fact,  almost  impossible,  to  take  the 
time  to  explain  all  of  these  give  and  take  points  to  the  ship- 
per. 

Now,  comes  the  question  of  the  penalties  on  sulphur 
or  zinc.  Barium  is  weighed  with  the  silica  usually  as  insol- 
uble. Too  much  zinc  causes  trouble  in  three  ways;  first,  by 
volatilization  carrying  off  silver  with  it;  second,  by  helping 
to  form  incrustations  on  the  walls  of  the  furnace,  and  last, 
but  not  least  of  the  troubles,  making  a  viscous  slag.  By 
mixing  the  ore  containing  too  much  zinc  with  enough  clean 
ore  this  trouble  is  avoided;  but  why  should  the  shipper  of 
ore  containing  excess  of  zinc,  get  the  benefit  of  this  mixing 
any  more  than  the  shipper  of  silicious  ore  should  get  the 
benefit  of  ore  containing  excess  iron  shipped  by  some  one 
else,  or  the  benefit  of  the  mixtures  made  at  the  smelters  by 
experienced  metallurgist  where  they  have  to  hold  large 
stocks  of  ore  tying  up  much  capital  on  which  interest  has 
to  be  paid,  until  such  time  as  they  can  secure  other  ore  to 
make  suitable  mixtures. 

Even  in  a  mining  district  like  Leadville,  Colorado,  it 
was  necessary  to  carry  a  large  ore  supply,  the  average  char- 
acter of  the  ore  some  times  changing  in  a  few  months  from 
an  excess  silica  to  an  excess  iron. 

Then  we  had  to  have  silicious  ore  shipped  in  from  the 
southern  end  of  the  State.    For  years  it  was  a  case  of  "  dog- 
eats  dog"  with  the  smelters,  each  one  expecting  the  other 
to  close  down  and  quit  the  business  first.    The  close  coro 
petition  among  the  Colorado  smelters  for  ore  was  a  great 


262  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

benefit  to  the  miner,  but  a  serious  matter  to  themselves. 
This  unhealthy  state  of  affairs  could  not  last  and  the  fight 
meant  the  survival  of  the  strongest  until  there  was  left  in 
Leadville  only  two  lead  smelters  running  the  fall  of  1893 
from  the  thirteen  in  and  around  Leadville  in  1879. 

It  was  a  wise  move  on  the  part  of  the  conflicting  smelt- 
ing interests  in  the  West  when  they  agreed  to  combine  into 
practically  one  company.  It  not  only  did  away  with  com- 
petition; it  did  away  with  the  greater  part  of  the  fixed  ex- 
penses, such  as  superintendents,  metallurgist,ore  buyer,  en- 
gineer, etc.,  and  reduced  the  management  to  a  few  of  those 
who  had  the  most  ability  combined  with  personal  influence. 

The  smelting  combination  thus  formed  enabled  them  to 
increase  the  smelting  charges  to  the  shipper,  but  not  as 
much  as  one  would  expect  nor  was  it  necessary. 

The  advantages  gained  by  only  having, to  operate  a  few 
plants  to  treat  the  same  amount  of  ore,  the  exchange  of  ore 
between  the  different  plants  to  get  suitable  smelting  mix- 
tures, improving  and  operating  only  those  plants  which 
could  treat  the  ore  to  the  best  advantage,  etc.,  are  so  great 
that  the  smelting  combine  can  give  the  miners  much  lower 
rates  than  too  many  independent  smelters  could  and  still 
make  good  interest  on  the  value  of  all  the  plants,  both  idle 
and  operating  that  went  into  the  combine. 

I  do  not  wish  any  one  to  infer  that  I  am  defending  any 
smelter  trust.  On  the  contrary,  it  fell  to  my  lot  to  be  next 
to  the  head  and  part  of  the  time  at  the  head  of  smelting  com- 
panies that  had  to  compete  with  the  organizers  of  the  so- 
called  smelter  trust,  and  the  trust  itself  for  years. 

Eeasonable  competition  is  necessary  in  all  classes  of 
business.  There  is  a  limited  field  for  smaller  smelting  en- 
terprises where  they  are  protected  by  very  long  railroad 
hauls  or  a  distance  from  the  railroad,  especially  if  they 
adopt  high  concentration  and  ship  out  rich  products. 

There  is  one  branch  of  the  business  the  public  does  not 
appreciate  to  its  full  extent.  That  is  the  change  in  the  value 
of  metals.  One  would  naturally  suppose  that  if  the  prices 
go  down  and  then  up  again,  the  averages  would  protect  the 
purchaser,  but  such  is  not  the  case.  High  prices  mean  a 


HINTS  TO  ORE  SHIPPERS.  262 

greater  number  of  mines  producing  and  much  larger  ore 
stocks  being  carried  on  which  to  lose  than  is  carried  in 
stock  with  low  prices  and  small  production. 

I  remember  at  the  American  Smelting  Works,  Lead- 
ville,;  Colorado,  in  1893,  we  had  about  the  largest  stock  of 
ore  on  hand  we  ever  carried.  When  silver  took  its  remark- 
able drop  in  price,  the  price  of  lead  also  dropped  in  sym- 
pathy. Those  who  are  in  the  Gustom  Copper  Smelting  busi- 
ness had  a  similar  experience  in  1907. 

If  the  smelters  and  refiners  could  be  assured  of  a  staple 
price  for  metals,  even  if  that  price  was  low,  they  could  af- 
ford to  make  the  treatment  charges  much  lower.  Under 
ordinary  conditions  there  is  a  profit  made  on  all  the  metals 
treated  in  addition  to  the  regular  deductions  for  treatment. 
There  is  also  a  profit  on  the  penalties  charged  for  sulphur 
and  arsenic,  not  so  much  in  lead  smelting  as  in  copper  smelt- 
ing; in  fact,  in  some  cases,  one  of  the  most  serious  troubles 
is  lack  of  sulphur  to  save  fuel  and  make  matte  in  the  copper 
matting  furnace.  There  is  no  advantage  in  having  arsenic 
in  the  ore  under  any  circumstances,  but  with  copper  smelt- 
ing the  penalty  is  usually  too  high.  Several  years  ago  a 
friend  of  mine  wrote  me  that  the  smelters  were  deducting 
about  $6  per  ton  for  arsenic  penalty  and  adding  that  much 
to  the  regular  treatment  of  his  copper  ore.  I  explained  to 
him  by  letter  why  they  should  not  make  such  a  charge.  Af- 
terwards he  wrote  me  that  my  letter  enabled  him  to  have 
the  penalty  on  arsenic  removed.  Often  the  ore  shippers 
themselves  are  to  blame;  they  may  not  know  all  the  points 
in  connection  with  making  a  contract  for  ore  settlements; 
they  are  expecting  to  be  cheated  and  perhaps  demand  a 
higher  price  for  some  metal  their  ore  contains  than  they  are 
entitled  to.  If  the  shrewd  ore  purchaser  allows  it,  he  catches 
the  seller  one  better  on  something  else. 

'  *  What  the  mining  and  smelting  industry  need 
is  more  uniform  prices  for  the  metals.  This  can  on- 
ly be  obtained  by  the  Government  taking  the  mat- 
ter in  hand  and  publishing  monthly  a  statement  of 
total  stocks  on  hand  held  by  every  one.  This  would 


264  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

prevent  the  large  producers  from  either  underesti- 
mating or  overestimating  their  stocks  to  upset  the 
market  in  order  to  create  unnatural  prices  for  their 
own  benefit.  The  question  of  smelter  rates  must 
be  settled  between  the  seller  and  buyer." 

The  adjustment  of  penalties  charged  by  the  different 
smelters  and  prices  paid  for  the  metals  should  also  be  left 
for  the  present  to  be  settled  between  the  miners  or  their 
representatives  and  smelters  themselves.  Each  locality  is 
different  and  requires  different  rates.  No  doubt  it  would 
be  to  the  advantage  of  the  miners  of  each  district  to  com- 
bine and  employ  a  competent  party  to  make  contracts  and 
settlements  for  them.  A  saving  of  say  only  $1.00  per  ton 
would  be  worth  considering.  The  smelter  companies  would 
rather  deal  with  a  few  who  understand  their  business  than 
a  greater  number  who  do  not. 


Iron  Ores  of  the  Southwest. 


BY    C.    COLCOCK    JONES,    LOS    ANGELES,    CALIF. 

It  has  long  been  known  that  in  California  and  more  es- 
pecially in  Southern  California  there  were  large  and  com- 
mercially valuable  iron  ore  deposits,  which,  considered  in 
connection  with  other  known  large  deposits  in  the  adjoining 
States  of  Nevada  and  Arizona,  and  in  lower  California  and 
Mexico  afforded  a  source  of  supply  for  one  or  more  steel  and 
iron  plants  large  enough  to  supply  local  Pacific  coast  de- 
mands, provided  there  was  a  solution  of  the  fuel  problem, 
and  the  growth  of  population  and  other  economic  questions 
justified  the  large  investment  of  capital. 

It  is  my  purpose  to  show  briefly  in  this  paper  that  am- 
ple tonnage  has  been  actually  developed  along  the  lines  of 
the  several  railroads  radiating  from  Los  Angeles,  which  can 
be  delivered  at  tidewater  at  a  reasonable  freight  rate,  that 
the  enormous  tonnages  known  to  exist  in  Lower  California 
are  tributary  to  this  port  and  that  as  a  center  of  several  oil 
fields  cheap  fuel  oil  is  assured.  The  stumbling  block  up  to 
the  present  time  has  been  the  absence  of  a  local  supply  of 
coal  and  coke  and  prohibitive  price  of  the  imported  article, 
but  the  importance  of  the  fuel  question  dwindles  in  the  light 
of  recent  advances  in  iron  smelting. 

A  word  as  to  the  geology  of  the  ores  in  order  to  bear 
out  certain  assertions  to  be  made  hereafter;  geologically 
the  ores  of  the  Mojave  and  Colorado  desert  regions  and  of 
lower  California  belong  to  a  well  recognized  type  of 
igneous  contact  ores  which  are  best  described  by  quoting 
from  recent  bulletins  of  the  United  States  Geological  Survey. 
Mr.  Charles  K.  Leith  in  his  report  on  the  iron  ores  of  South- 
ern Utah,  Bulletin  No.  338  says: 

i  i  It  early  became  apparent  to  me  as  it  has  been 
apparent  to  others,  that  the  iron  deposits  of  the 
West  are  prevailingly  of  a  distinct  and  uniform 
type — an  irregular  replacement  of  limestone  near 


266  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

the  contact  with  igneous  rock,  or  a  vein  filling  in 
both  limestone  and  igneous  rock — a  type  funda- 
mentally different  from  that  of  the  important  pro- 
ducing districts  east  of  the  Mississippi  river  and 
probably  of  different  origin. ' ' 

Also,  from  Bulletin  394  on  Iron  Ores  of  the  United 
States  by  C.  W.  Hayes: 

"This  group  of  igneous  contact  ores  is  based 
exclusively  upon  its  geological  relations,  and  the 
deposits  are  widely  distributed,  though  the  most  of 
them  are  located  in  the  Rocky  Mountains 'and  Pa- 
cific states.  The  essential  characteristics  are  steeply 
dipping  lens-shaped  bodies  which  closely  follow 
the  contact  of  an  intrusive  igneous  mass  and  an  in- 
truded limestone.  They  occur  partly  within  an 
igneous  rock  as  dike-like  veins  and  partly  within 
the  limestone  as  replacements,  but  generally  at  the 
immediate  contact.  The  limestone  is  always  altered 
for  a  variable  distance,  sometimes  several  hundred 
feet  from  the  contact. " 

"  These  ores  appear  to  be  due  to  ascending 
heated  waters  and  vapors  given  off  by  the  cooling 
igneous  rocks.  The  ores  include  both  magnetite 
and  hematite. " 

Work  on  my  own  ore  bodies  and  examinations  of  many 
other  iron  deposits  of  this  region  confirm  the  essential  char- 
acteristics so  concisely  stated  in  the  foregoing  extracts. 

This  particular  form  of  ore  occurence  has  resulted  in 
much  greater  surface  exposures  than  are  found  in  the  Lake 
Superior  iron  regions,  and  in  places  where  erosive  action 
has  been  favorable  faces  of  ore  are  shown  in  intersecting 
gulches  several  hundred  feet  in  height  and  of  as  great  or 
greater  width. 

Under  such  conditions  the  calculation  of  a  definite  ton- 
nage is  greatly  simplified  and  the  cost  of  mining,  or  rather 
in  many  instances,  simple  quarrying,  is  reduced  to  its  lowest 
terms. 


IRON  ORES  OP  THE  SOUTHWEST.  267 

Throughout  the  desert  regions  of  California  and  West- 
ern Nevada  and  Arizona,  the  intrusion  of  limestone  beds  by 
igneous  rocks  is  one  of  the  most  common  conditions  and 
there  is  scarcely  a  desert  range  of  this  nature  that  does  not 
show  some  ledges  of  iron  or  float  ore  and  I  venture  the  as- 
sertion that  when  industrial  conditions  and  the  demands 
justify  it,  systematic  prospecting  and  mining  will  uncover 
as  great  bodies  of  ore  with  like  tonnages  as  have  been  al- 
ready exposed  through  the  accidents  of  erosion. 

For  many  years  large  deposits  of  iron  ore  were  known 
to  exist  in  San  Bernardino  and  Riverside  Counties  but  until 
the  building  of  the  Salt  Lake  Eailway  and  the  Tonopah 
and  Tidewater  railway  all  of  them  were  too  far  from  trans- 
portation to  receive  serious  attention.  These  deposits  are 
capable  of  being  connected  with  the  main  lines  of  the  South- 
ern Pacific,  the  Santa  Fe,  the  Salt  Lake,  or  the  Tonopah 
and  Tidewater  railroads  by  branch  lines  of  from  1  to  50 
miles  in  length. 

Within- the  past  few  years  a  number  of  the  known  de- 
posits have  been  patented,  and  a  large  part  of  the  tonnage 
is  now  owned  or  controlled  by  strong  interests  identified 
with  transportation  or  manufacturing,  which  only  await 
the  successful  outcome  of  certain  experiments  to  actually 
engage  in  iron  smelting. 

These  ore  bodies  have  been  purchased  or  taken  up  with 
an  eye  to  that  time  in  the  future  when  the  economic  condi- 
tions and  growth  of  population  will  render  the  establishment 
of  an  iron  or  steel  plant  feasible,  granting'' that  the  fuei 
question  can  be  satisfactorily  solved. 

The  various  deposits  lie  within  limits  of  from  150  to 
300  miles  of  the  port  of  Los  Angeles,  or  at  a  reasonable  west- 
ern freight  rate,  in  the  inception  of  the  business,  of  five  mills 
per  ton  per  mile  for  main  line  traffic,  they  come  within  the 
freight  limits  of  $.75  to  $1.50  per  ton.  Adding  to  which  the 
cost  of  branch  lines,  mining  costs  and  a  fair  profit  these  ores 
can  be  landed  at  Los  Angeles  at  not  to  exceed  $3.50  to  $4.00 
per  ton,  and  I  have  had  offers  for  like  ores  from  Lower  Cal- 
ifornia for  this  same  price  on  dock  at  Los  Angeles. 


26£  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

When  it  is  realized  that  these  ores  run  from  4  per  cent 
to  10  per  cent  higher  than  the  base  ore  of  Lake  Superior  in 
metallic  content,,  that  is,  from  60  per  cent  to  66  per  cent  iron 
and  carry  practically  no  moisture  to  pay  freight  on,  the  low 
price  of  $3.50  to  $4.00  per  ton  at  San  Pedro  counteracts  in 
a  measure  the. higher  price  of  fuel. 

The  two  principal  owners  of  iron  ore  in  Southern  Cal- 
ifornia are,  first,  the  Union  Oil  Company  through  its  sub- 
sidiary iron  and  steel  manufacturing  branch,  the  California 
Industrial  Company  5  and  second,  strong  interests  said  to  be 
allied  with  the  Southern  Pacific  E.  R.  and  operating  under 
,the  name  of  the  Iron  Chief  Company. 

Jhe  former  of  these  companies  has  for  many  years  been 
systematically  acquiring  iron  properties  in  Southern  and 
Lower  California  until  I  am  informed  its  aggregate  proven 
tonnage  now  amounts  to  300  million  tons,  about  one-third  of 
which  is  in  California  and  two-thirds  in  Lower  California, 
and  for  several  j^ears  past  this  company  has  been  experi- 
menting with  fuel  oil  and  gaseous  fuel  for  smelting,  pre- 
paring for  the. time  when  conditions  shall  reach  a  stage  to 
render  the  smelting  of  iron  profitable  in  Southern  Cali- 
fornia. 

The  Eagle  Mountain  mines  in  Riverside  County  forty- 
five  miles  northeast  of  Mecca,  a  station  on  the  Southern  Pa- 
cific railroad,  141  miles  east  of  Los  Angeles,  contain  prob- 
ably the  largest  known  deposit  of  iron  orf  in  California  with 
the  possible  exception  of  the  Minaret  deposits  in  Madera 
County.  In  1908  and  1909  these  deposits  which  had  orig- 
inally been  patented  by  the  Colorado  Fuel  &  Iron  Company 
and  several  individuals,  were  acquired  by  the  Iron  Chief 
Mining  Company.  The  deposit  conforms  to  the  type  hereto- 
fore described,  and  is  physically  so  situated  as  to  definitely 
show  30  million  tons  of  proven  ore  capable  of  being  cheaply 
mined,  the  average  analysis  of  which  is  64  per  cent  iron 
with  phosphorous  in  the  bessemer  limit. 

There  are  a  number  of  smaller  deposits  known  in  River- 
side County  of  which  the  tonnage  is  a  matter  of  conjecture 
but  with  the  establishment  of  an  iron  plant  at  Tidewater, 
it  is  just  these  smaller  deposits  held  by  individuals  that 


IRON  ORES  OF  THE  SOUTHWEST.  269 

would  go  far  towards  developing  a  tonnage  and  opening  de- 
posits not  now  known,  providing  the  usual  economic  policy 
were  pursued  of  buying  ores  from  various  sources  for  a  fur- 
nace mixture. 

The  only  other  deposit  in  California  approximating  in 
size  the  Eagle  Mountain  deposit  is  the  Minarets  in  the  high 
Sierras  of  Madera  County.  At  present,  this  is  almost  inac- 
cessible, but  a  branch  railroad  of  eighty  miles  would  make 
it  equally  available  to  San  Francisco  bay  or  Southern  Cali- 
fornia. 

On  the  Santa  Fe  railroad  the  California  Industrial  Com- 
pany own  large  deposits  14  miles  south  of  Newberry  and  162 
miles  east  of  Los  Angeles  and  there  are  other  known  de- 
posits north  of  this  railway. 

On  the  Salt  Lake  railroad  the  Iron  Chief  interests  have 
acquired  the  mines  one  mile  north  of  Scott 's  siding,  190 
miles  east  of  Los  Angeles,  primarily  as  a  soft  ore  for  mix- 
ture with  the  Eagle  Mountain  ores.  A  large  amount  of  de- 
velopment work  has  been  done  and  an  actual  tonnage  of  10 
million  tons  blocked  out  with  conservatively  estimated,  three 
times  that  amount  as  the  total  resources  of  the  property. 

Within  a  few  miles  of  this  deposit  are  other  large  iron 
outcrops. 

On  this  same  railroad  nine  miles  south  of  Kelso  and  236 
miles  east  of  Los  Angeles  in  the  Providence  Mountains  1 
have  proved  up  a  body  of  5  million  tons  of  soft  hematite  ore, 
bessemer  quality,  capable  of  being  quarried  and  loaded  with 
steam  shovels  at  a  nominal  cost  and  the  property  will  pro- 
duce three  times  that  tonnage  at  a  moderate  depth.  This  oc- 
currence is  one  illustration  of  tne  large  exposed  out-crops 
so  prevalent  with  these  Pacific  coast  ores.  There  is  a  quar- 
rying face  of  absolutely  clean  ore  of  a  64  per  cent  grade  350 
feet  wide  and  250  feet  high  extending  for  a  length  of  800 
feet. 

On  the  Tonopah  &  Tidewater  railway  230  miles  east  of 
Los  Angeles  and  12  miles  west  of  Silver  Lake  station  the 
Colorado  Fuel  &  Iron  Company  own  one  of  the  most  ex- 
tensive deposits  in  the  state  showing  over  ten  million  tons 


270  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

of  exposed  ore  capable  of  being  quarried  and  loaded  with 
steam  shovels. 

There  are  tributary  to  all  of  the  railroads  mentioned, 
various  other  deposits  of  known  merit  but  enough  has  been 
said  to  indicate  that  contrary  to  certain  popular  notions  the 
iron  ores  of  Southern  California  are  not  controlled  by  any 
one  set  of  men  and  as  soon  as  conditions  are  ripe  and  the 
capital  can  be  secured,  a  smelting  industry  will  be  estab- 
lished. 

After  carefully  considering  all  the  data  based  on  my 
own  observations  and  upon  the  figures  supplied  me  relating 
to  the  tonnage  of  the  two  larger  interests  and  others,  my 
conclusion  is  that  conservatively  estimated,  there  are  200,- 
000,000  tons  of  available  ore  and  double  that  amount  of 
probable  ore  in  Southern  California  and  of  this  tonnage 
about  three-fifths  is  owned  and  controlled  by  the  combined 
Iron  Chief  and  Union  Oil  Company  interests,  the  other  two- 
fifths  being  divided  among  a  number  of  individual  holders. 

In  addition  to  this  at  the  lowest  estimate  an  equal 
amount  can  be  counted  on  from  Lower  California  which  will 
naturally  seek  an  outlet  to  the  northward,  and  the  ownership 
of  which  by  various  individuals  and  corporations  precluded 
more  than  any  other  factor  the  monopoly  of  the  iron  ores 
of  this  district  by  interests  adverse  to  their  utilization,  on 
account  of  cheap  water  transportation. 

Several  years  ago  an  eminent  Swedish  geologist  under- 
took to  classify  the  world 's  supply  of  iron  ore  and  his  general 
deduction  as  to  America  was  so  pessimistic  and  out  of  keep- 
ing with  the  known  facts  that  a  more  accurate  estimate  was 
undertaken  by  C.  "W.  Hayes  of  the  United  States  Geological 
Survey  in  1909  in  which  he  credits  the  Pacific  slope,  com- 
bining Washington,  Oregon  and  California  with  total  avail- 
able supplies  of  iron  ore  68,950,000  tons  and  not  available 
23,905,000  tons.  In  the  course  of  time  it  is  to  be  expected 
that  the  survey  will  get  the  actual  facts  and  that  California 
will  receive  credit  for  something  like  the  conservative  es- 
timate I  have  given. 

Up  to  very  recently  the  smelting  of  iron  ore  has  de- 
pended entirely  on  an  available  supply  of  cheap  coke,  a  fact 


UNIVERSITY 

OF 


IRON  ORES  OF  THE  SOUTHWEST.  271 

which  to  the  present  time  has  prevented  the  development 
of  the  smelting  industry  on  the  Pacific  coast,  but  within 
the  past  year  the  Noble  Electric  Steel  Company  of  San 
Francisco  has  solved,  at  its  plant  in  Shasta  County,  more 
perfectly  than  has  previously  been  done  in  the  world  the 
problem  of  making  commercial  pig  iron  with  the  electric 
furnace. 

In  the  case  of  this  plant  the  close  association  of  the  iron 
ore  bodies,  the  water  power  for  the  production  of  electricity 
and  forests  for  the  manufacture  of  charcoal  has  perhaps 
given  an  ideal  condition,  but  so  far  as  Southern  California 
is  concerned,  the  enormous  recent  development  of  fuel  oil 
renders  it  practicable,  when  consideration  is  taken  of  a  val- 
uable by-product  in  the  form  of  coke  both  for  use  in  the 
electric  plant  and  the  manufacture  of  electrodes,  to  effect 
an  equalization  between  the  cost  of  production  of  electricity 
by  water  power  with  costly  transmission  lines,  and  from  a 
compact  plant  producing  the  necessary  power  by  the  use  of 
fuel  oil  either  by  steam  or  through  the  gas  engine. 

Los  Angeles  also  has  the  added  advantage  that  if  from 
the  development  of  large  amounts  of  electricity  in  the  build- 
ing of  the  aqueduct  there  is  any  surplus  for  sale  it  can  be 
more  profitably  utilized  for  the  benefit  of  the  community 
in  general  in  such  an  industry  as  iron  smelting  than  other- 
wise, providing  it  can  be  sold  at  a  price  low  enough  to  war- 
rant its  use. 

My  own  investigations  have  been  along  the  lines  of  a 
combination  method  making  a  preliminary  reduction  of  the 
ore  by  means  of  fuel  oil  or  gaseous  fuel  and  finishing  up  the 
operation  in  the  electric  furnace.  The  development  of  such 
a  process  promises  more  for  the  utilization  of  California 
ores  than  any  other  for  it  is  problematical  if  the  coal  or  coke 
from  the  Washington  or  Alaska  fields  could  be  delivered  at 
a  sufficiently  cheap  price  to  warrant  their  use  in  smelting 
operations  in  Southern  California. 

As  the  matter  now  stands,  there  is  ample  tonnage  to 
justify  the  establishment  of  a  plant  in  Los  Angeles  of  a  size 
in  the  beginning  commensurate  to  the  local  demand.  As  for 
the  moderate  amount  of  solid  fuel  needed,  a  high  grade  coke 


272  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

can  be  made  by  Prof.  Lowe's  method  from  the  refuse  now 
going  to  waste  in  gas  plants  or  that  would  be  produced  in 
making  electricity  on  a  large  scale  through  gas  engines  as 
a  motive  power. 

Pig  iron  is  worth  today  on  the  Pacific  coast  from  $23.00 
to  $25.00  per  ton,  and  we  have  the  anomaly  of  importations 
of  pig  iron  from  China  in  competition  with  iron  from  the 
Eastern  United  States. 

The  most  ambitious  project  on  the  coast  today  is  the 
plant  of  the  Western  Steel  corporation  now  building  on 
Puget  Sound,  near  Seattle.  This  company,  to  obtain  a  cer- 
tain amount  of  pig  iron  from  China,  also  contracts  to  use  a 
large  amount  of  Chinese  iron  ore,  which  to  owners  of  iron 
ore  in  Southern  California  is  conservation  with  a  vengeance, 
for  with  any  kind  of  interest  on  the  part  of  the  railroads  in 
making  extensions  and  furnishing  dock  facilities,  this  ton- 
nage could  be  shipped  from  Southern  California  on  a  suf- 
ficient margin  of  profit.  The  preferable  plan,  of  course, 
would  be  to  supply  our  own  needs  in  pig  iron  first,  utilizing 
our  ore  at  home.  There  is  at  present,  a  market  for  100  tons 
of  pig  iron  per  day  in  this  vicinity  and  a  trade  in  steel  cast- 
ings from  electric  steel  could  be  built  up  to  large  and  profit- 
able proportions,  without  going  into  the  manufacture  of  the 
heavier  shapes  and  rails  in  the  beginning. 

Using  fuel  oil  for  the  production  of  power,  pig  iron 
should  be  produced  here  electrically  at  from  $16.00  to  $18.00 
per  ton,  and  I  am  in  hopes  that  in  the  very  near  future  the 
needed  capital  can  be  so  thoroughly  shown  the  opening  and 
profit  in  the  business  as  to  be  forthcoming. 

In  conclusion,  a  very  few  words  on  the  question  of  con- 
servation. 

It  has  been  suggested  that  among  our  other  mineral 
products  iron  ore  needs  conserving  for  future  generations. 
This  I  take  to  be  the  most  extreme  of  all  ideas  in  connection 
with  this  question.  If  there  is  any  one  product  of  the  earth 
which,  when  extracted  from  its  ore  becomes  an  absolute 
asset  in  the  world  in  a  finished  state,  it  is  that  of  iron. 

The  proper  policy  to  pursue  with  regard  to  iron  par- 
ticularly as  far  as  we  Americans  are 'concerned,  is  to  manu- 


IRON  ORES  OF  THE  SOUTHWEST.  273 

facture  all  we  can,  as  fast  as  we  can  and  as  long  as  we  can. 
supplying  all  our  needs  and  the  needs  of  the  rest  of  the  world 
so  far  as  possible.  This  accomplishes  not  only  the  object  of 
putting  this  metal  in  permanent  form  to  be  used  and  reused 
in  commerce  with  but  a  small  fraction  of  a  loss  annually,  but 
should  such  an  unlocked  for  thing  as  the  exhaustion  of  our 
own  iron  deposits  take  place,  we  are  even  then  in  the  best 
position  in  having  all  of  the  equipment  for  cheaply  manu- 
facturing iron  ores  brought  from  all  other  parts  of  the  world. 

I  doubt  if  many  men  in  this  audience  know  of  or  re- 
member one  of  the  first  acts  that  was  done  in  good  faith  by 
the  United  States  Government  for  the  benefit  of  posterity. 
I  speak  of  the  time  when  our  Clipper  ships  and  ships  of  the 
line,  all  wooden  bottomed  vesesls,  were  the  pride  of  the  na- 
tion and  envy  of  the  world.  In  order  that  there  might  be  no 
shortage  for  Naval  purposes,  the  government  set  aside,  re- 
moved from  entry  and  reserved  for  future  needs,  large  for- 
ests of  the  finest  live  oak  known,  and  stored  up  in  this  form 
and  in  the  Navy  yards  the  pick  of  oak  timber. 

It  seems  almost  laughable  in  view  of  the  progress  of  the 
world,  and  no  doubt  many  things  now  advocated  in  the  name 
of  conservation  will  seem  as  absurd  to  future  generations  as 
this  live  oak  conservation,  to  preserve  the  supremacy  of  our 
navy  and  merchant  marine. 


The  Elimination  of  the  Mining  Faker. 


BY   LEWIS   E.   AUBURY,   STATE   MINERALOGIST, 
SAN   FRANCISCO,   CALIF. 

One  of  the  most  important  problems  before  the  Ameri- 
can Mining  Congress  at  this  time  is  the  elimination  of  the 
mining  faker.  The  injuries  inflicted  by  this  class  on  legit- 
imate mining  investment  have  given  cause  for  deep  con- 
sideration as  to  a  means  to  prevent  a  continuance  of  these 
nefarious  practices. 

As  a  suggestion  to  prevent  fraud  in  mining  investments, 
I  presented  my  views  in  a  paper  to  the  Congress  which  was 
held  in  El  Paso,  Texas,  in  November,  1905.  At  that  time,  I 
suggested  the  adoption  of  a  law  by  the  different  States,  sim- 
ilar in  character  to  one  which  I  had  the  honor  of  presenting 
to,  and  which  was  passed  a  short  time  previous,  by  the  Cali- 
fornia Legislature.  This  law,  briefly  stated,  made  it  a  felony 
for  any  officer  of  a  stock  corporation  to  issue,  by  prospectus 
or  otherwise,  any  untrue  or  wilfully  exaggerated  state- 
ment which  would  have  a  tendency  to  give  to  the  shares  in 
such  corporation,  more  or  less  value  than  they  really  pos- 
sessed, or  with  the  intention  of  defrauding  any  person,  or 
the  public,  etc. 

The  suggestion  offered  was  accepted,  and  through  the 
efforts  of  the  officers  of  the  American  Mining  Congress,  a 
similar  law  has  been  enacted  in  several  states. 

There  is  no  question  but  that  this  law  has  had  a  bene- 
ficial influence.  I  have  had  considerable  opportunity  to 
observe  its  effect.  Before  its  enactment  the  State  was 
flooded  with  the  wildly  exaggerated  prospectus  and  news- 
paper advertisement,  but  since  that  time,  the  " faker"  has 
been  more  careful  in  the  wording  of  his  reading  matter,  or 
has  ceased  to  advertise,  perhaps  relying  on  the  "oral  per- 
suasion "  of  himself  or  his  "fiscal  agents." 

This  law  has  not  entirely  eliminated  the  fraudulent 
promoter  from  California,  but  it  has  had  the  effect  of  reduc- 


THE  ELIMINATION  OF  THE  MINING  FAKER.  275 

ing  his  numbers  to  a  very  great  extent.  It  seems  almost 
impossible  to  put  an  end  to  the  operations  of  some  of 
this  class,  and  they  continue  in  the  face  of  all  obstacles.  As 
an  instance,  I  will  cite  the  case  of  one  individual  it  was  my 
pleasure  to  assist  in  convicting  for  robbing  the  widow  and 
orphan.  He  was  sentenced  in  the  Superior  Court  of  San 
Francisco  to  serve  six  years  in  the  penitentiary.  He  was 
sent  to  the  county  jail  pending  an  appeal  that  he  made  to 
the  Supreme  Court.  Having  abundant  means  secured  by  his 
swindling  mining  operations,  he  was  able  to  arrange  for  the 
best  accommodations  obtainable  and  to  provide  himself  with 
conveniences,  with  which  he  continued  to  send  glowing  ac- 
counts of  the  fine  progress  he  was  making  at  the  mine,  to 
numerous  dupes  in  the  East  who  had  not  heard  of  his  in- 
carceration. He  made  appeals  for  the  purchase  of  more 
stock  in  a  *  *  sure  winner, ' '  etc.  He  operated  through  a  con- 
federate who  received  his  mail  at  a  down-town  office. 
Knowledge  of  his  correspondence  was  brought  to  my  atten- 
tion, and  it  became  necessary  to  have  a  fraud  order  issued 
against  him  by  the  postoffice  authorities  before  his  prac- 
tices could  be  stopped. 

While  such  a  law  as  I  have  quoted  has  a  deterrent  ef- 
fect on  the  "faker,"  the  damage  he  inflicts  cannot  be  cor- 
rected until  it  is  too  late,  and  the  dupe  has  parted  with  the 
money.  What  is  needed  is  some  method  for  the  prevention 
of  fraud,  and  I  doubt  not  that  many  members  of  this  Con- 
gress have  given  much  thought  as  how  best  to  accomplish 
the  desired  end.  As  stated  in  my  former  paper,  some  will 
contend  that  "it  is  impossible  to  so  legislate  as  to  protect 
gullible  pers.ons  from  purchasing  gold  bricks,  wild  cat  min- 
ing stocks,  or  any  other  plated  investment, "  but  I  believe 
much  good  has  already  been  accomplished  through  the  ef- 
forts of  several  states  in  providing  legislation  which  aims 
to  protect  the  mining  investor. 

What  I  believe  will  be  a  surer  means  of  obtaining  the 
desired  result,  and  a  long  step  in  the  right  direction,  is  a 
suggestion  offered  by  Hon.  James  N.  Gillett,  Governor  of 
California,  and  which  as  I  understand  is  that  the  office  of 
Commissioner  of  Corporations  be  created,  with  full  power 


276  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

to  investigate  companies,  and  to  whom  all  corporations  shall 
render  sworn  statements  concerning  the  details  of  their 
operations,  assets,  liabilities,  holdings,  etc.;  also  to  have  free 
access  to  all  books,  papers,  etc.,  concerning  the  affairs  of  a 
company. 

While  an  act  creating  the  office  of  Commissioner  of 
Corporations  has  not  yet  been  entirely  formulated,  I  believe 
that  should  such  office  be  created,  the  powers  would  be  sim- 
ilar to  that  of  our  State  Bank  Commissioners.  With  such 
an  official,  and  the  proper  powers  vested  in  him,  in  my  opin- 
ion, it  will  tend  to  lessen  the  possibilities  of  fraud. 

It  is  probable  that  this  matter  will  be  recommended  by 
Governor  Gillett  to  our  next  Legislature. 

Publicity. 

Another  means  of  suppression,  and  which  the  faker 
most  dreads,  is  publicity  of  his  methods.  This  has  been 
found  to  be  a  very  effective  weapon  in  assisting  to  wipe 
out  this  evil.  It  must  be  considered,  however,  that  every 
one  does  not  read  the  newspapers,  and  particularly  is  this  the 
case  with  the  persons  who  generally  buy  gold  bricks  ana 
fake  mining  stock.  Then  again,  after  he  is  exposed,  the 
faker  often  continues  his  operations  under  another  name. 
Sometimes  we  find  that  by  the  time  evidence  is  collected  to 
justify  an  exposure  in  the  newspapers,  most  of  the  damage 
has  been  done,  and  the  faker  is  the  winner  ;to  the  extent  of 
many  thousands  of  dollars.  With  the  assistance  of  the  legit- 
imate press  in  exposing  these  fraudulent  schemes,  at  any 
stage  of  the  operations,  much  good  can  be  accomplished. 

The  postal  authorities  are  as  active  as  their  means  will 
allow,  but  it  takes  a  long  time  to  obtain  a  fraud  order,  and 
in  the  mean  time,  the  faker  continues  to  do  business.  As 
much  of  the  harm  is  done  through  fraudulent  stock  opera- 
tions; I  believe  that  the  quickest  way  to  determine  the  fraud, 
and  secure  immediate  action,  will  be  by  the  method  sug- 
gested by  Governor  Gillett,  namely,  corporation  control. 

I  have  given  the  matter  very  considerable  thought,  and 
have  considered  it  from  every  point,  and  I  really  believe  that 


THE  ELIMINATION  OF  THE  MINING  FAKER.  277 

to  be  the  best  suggestion  which  has  been  offered.  I  think 
that  after  the  Commissioner  of  Corporations  has  been  ap- 
pointed it  would  be  necessary  for  any  incorporated  company 
to  file  with  such  commissioner  all  the  necessary  data  which 
which  would  advise  him  as  to  whether  it  was  a  legitimate 
corporation  or  not.  If  it  was  not  a  legitimate  corporation, 
and  was  not  properly  secured,  it  would  be  then  the  duty  of 
the  commissioner  to  put  a  stop  to  it,  and,  as  I  said  before,  I 
believe  if  these  things  can  be  taken  hold  of  right  at  the  start 
and  prevented,  then  we  will  suffer  no  more  from  the  fake 
promoter. 


Railroads  and  Mining  Development. 


BY  JAMES  W.  ABBOTT,  PIOCHE,  NEV. 

In  discussing  the  relation  of  railroads  to  the  develop- 
ment of  mining  enterprises  and  the  mining  industry  gen- 
erally, we  encounter  so  many  fundamentally  opposing  situa- 
tions and  conditions  that  the  lay  mind,  looking  at  the  sub- 
ject superficially,  might  naturally  call  them  paradoxes. 

The  real  mining  history  of  this  country  began  imme- 
diately after  the  discovery  of  gold  in  California,  on  January 
18,  1848.  To  that  excitement,  railroads  bore  little  relation. 
The  apparatus  used  in  recovering  gold  from  the  gravels 
was  at  first  very  simple  and  primitive.  The  product  was 
prepared  by  nature  in  the  most  concentrated  form  and  a 
man  could  take  out  a  fortune  in  a  season  and  carry  it  away 
on  his  person.  The  first  railroad  which  resulted  from  the 
gold  excitement  was  built  across  the  Isthmus  of  Panama. 
It  was  opened  in  1855,  and  served  as  the  connecting  link  be- 
tween lines  of  steamers  on  the  Atlantic  and  on  the/  Pacific. 
Up  to  that  time  nearly  all  bulky  and  heavy  freight  went 
from  the  east  to  the  mines  of  California  by  way  of  Cape 
Horn.  For  the  first  twenty-five  years  of  those  days  of  gold, 
practically  all  the  machinery  and  supplies  which  were  used 
in  the  construction  and  operation  of  the  quartz  mills  were 
convened  from  tidewater  at  Sacramento  or  San  Francisco 
to  their  destination  in  wagons  or  on  pack  animals.  In  this 
branch  of  mining,  the  product  was  in  a  form  so  concentrated 
that  horses  only  were  adequate  to  carry  it  to  the  mint. 

The  discovery  of  the  Washoe  diggings,  in  what  later 
came  to  be  known  as  Virginia  City  and  Gold  Hill,  Nevada, 
also  came  before  the  day  of  railroads.  The  rus"h  to  the 
Washoe  diggings,  called  the  Comstock  excitement  after  one 
of  the  earliest  discoverers,  got  fairly  under  way  in  1858.  At 
that  time  the  overland  mail  to  the  Pacific  coast  was  carried 
by  way  of  El  Paso  from  Fort  Smith,  Arkansas,  to  Los  Ange- 
les and  up  the  coast.  Almost  at  the  beginning  of  the  Civil 


e> 

>* 


RAILROADS  AND  MINING  DEVELOPMENT. 


War  this  line  of  cummunication  was  interrupted  by  mili- 
tary activity,  and  then  the  Post  Office  department  let  the 
first  contract  to  carry  mail  by  the  Central  Overland  route, 
passing  through  Denver  and  Salt  Lake  City.  Those  were 
the  halcyon  days  of  the  stage  coach  and  the  mule  train.  The 
wagon  road  through  Placerville  and  over  the  Sierras  to 
Virginia  City  was  for  years  more  closely  thronged  than  the 
old  Cumberland  road  across  the  Alleghenies  to  the  new  set- 
tlements on  the  fertile  prairies  of  the  West.  The  product  of 
the  Virginia  City  mines  was  still  in  form  so  concentrated  as 
to  easily  bear  the  cost  of  wagon  transportation.  Of  course, 
the  expense  of  freighting  heavy  machinery  for  the  early 
mills  erected  in  that  region  was  prodigious,  but  nature  was 
then  producing  her  riches  in  such  abundance  that  prodigal- 
ity and  waste  were  inevitable. 

The  enormous  traffic  resulting  from  the  Nevada  mines 
was  the  controlling  factor  that  determined  the  building  of 
the  first  trans-continental  railroad.  It  is  almost  impossible 
for  anyone  living  in  and  accustomed  to  Twentieth  century 
conditions  to  force  his  mind  to  comprehend  what  an  enor- 
mous undertaking  it  was  in  the  60  's  to  build  2,000  miles  of 
railroad  across  trackless  wastes,  over  rugged  mountain 
ranges,  to  stretch  the  first  threads  of  steel  that  connected 
the  two  oceans.  Except  for  a  little  handful  of  people  at  Den- 
ver and  Salt  Lake,  there  was  not,  along  the  line  of  that  road, 
a  settlement  of  white  men  of  any  importance  between  the 
Mississippi  river  and  San  Francisco  bay.  We  cannot  easily 
conjecture  how  or  when  a  trans-continental  railroad  would 
have  been  built  if  it  had  not  been  for  the  wealth  of  the  Ne- 
vada mines.  It  was  the  optimism,  the  broad  development 
of  character  that  grew  out  of  the  trials  and  triumphs  of  the 
Argonauts  which  fitted  its  promoters  to  inspire  in  the  minds 
of  the  conservative  financiers  of  the  East  confidence  to  in- 
vest a  dollar  in  such  a  formidable  undertaking.  So  long  as 
there  werv-  i'ertile  prairies  left  on  which  the  pioneer  could 
make  a  home  for  himself  and  family,  the  line  of  settlement 
would  have  slowly  crept  westward,  and  after  a  time  the  rail- 
road would  have  followed  it.  But  when  that  line  reached 


280  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

the  semi-arid  plains  of  western  Nebraska,  it  would  have 
stopped,  and  I  do  not  believe  that  in  twenty-five  years  pri- 
vate capital  could  have  been  secured  to  extend  such  a  line 
another  foot  towards  the  Pacific  without  the  lure  of  the 
gold  and  the  silver  of  the  western  mines. 

As  the  mines  got  deeper,  the  nature  of  the  ores  always 
changed,  and  after  a  time  these  mines  became  absolutely 
dependent  upon  railroad  service.  Fuel  and  timber,  which 
at  first  were  secured  near  the  mines,  grew  scarce  and  had 
to  be  brought  in  from  a  distance.  Smelters  had  to  be  built, 
furnaces  had  to  be  fed  with  coal  and  coke,  and  the  output 
of  the  smelter  required  the  utmost  available  economy  in 
transportation. 

Another  vitally  important  element  of  the  problem  af- 
fecting the  dependence  of  the  mines  upon  the  railroads  was 
the  diminishing  value  of  silver.  After  a  time  silver  had 
decreased  so  seriously  that  a  crisis  was  reached  and  the 
silver  mining  industry  of  the  West  passed  into  eclipse. 

After  the  trans-continental  railroad,  which  had  been 
ushered  in  by  the  mines,  had  been  developed  with  the  rap- 
idly expanding  settlement  which  naturally  attended  and 
followed  it,  it  was  easier  to  get  money  for  such  enterprises 
after  demonstrating  than  it  had  been  while  the  question  was 
enveloped  in  doubt  and  while  there  was  no  precedent  to  in- 
fluence conclusions.  The  trans-continental  railroads,  pass- 
ing through  many  vicissitudes  during  the  first  few  years, 
have  finally  become  thoroughly  established  and  profitable 
enterprises. 

As  the  mines  were  first  responsible  for  the  railroads, 
a  period  is  now  coming  when  the  railroads  are  going  to  be 
more  and  more  responsible  for  the  mines.  All  through  this 
western  mountain  country  from  British  Columbia  to  Mex- 
ico, there  are  vast  undeveloped  mineral  deposits  which  must 
depend  absolutely  upon  the  stimulating  influence  of  rail- 
roads. The  railroad  is  a  quasi  public  institution.  As  such 
it  has  its  moral  responsibilities,  and  while,  of  course,  it  13 
natural  for  the  railroad  management  to  calculate  closely  the 
balance  sheet,  still  a  broad-minded  policy  will  treat  the 


RAILROADS  AND  MINING  DEVELOPMENT.  281 

question  more  and  more  in  a  broad  and  liberal  way.  The 
fertile  prairies  are  occupied  and  mostly  under  cultivation. 
The  material  development  of  the  United  States  in  the  next 
ten  years  must  take  place  through  this  inter-mountain 
country. 

One  of  the  conditions  which  must  be  always  impressed 
upon  railroad  management  is  that  the  development  of  min- 
ing territory  furnished  a  wide  market  for  all  products  re- 
quired by  mining  communities.  It  furnishes  a  market  for 
the  output  of  the  farm,  and  for  manufactured  goods  of  every 
kind.  There  can  be  no  greater  stimulus  to  a  general,  health- 
ful and  profitable  development  of  a  region  in  every  normal 
line  than  that  which  comes  through  developing  the  mines. 
Every  railroad  management  operating  in  this  inter-moun- 
tain country  ought  to  have  its  mining  department  in  which 
a  skilled  corps  of  trained  mining  men  shall  be  ever  ready  to 
aid  the  miner  in  every  reasonable  way  to  solve  his  problems 
and  to  overcome  his  difficulties.  I  do  not  mean  that  the 
railroad  shall  necessarily  expend  its  money  in  mining  en- 
terprises directly,  but,  I  do  mean  that  the  railroad,  through 
its  various  channels  of  influence,  is  in  a  position  to  aid  the 
miner  often  when  the  miner  would  have  no  other  available 
resource  for  assistance. 

Every  mining  engineer  whose  business  takes  him 
through  this  country,  so  wonderfully  rich  in  natural  re- 
sources, knows  of  deposits  now  idle  which  have  merit,  and 
which  can  be  converted  into  great  producing  enterprises, 
and  enterprises  which  would  richly  reward  the  intelligent 
railroad  management  that  saw  fit  to  extend  to  them  its 
fostering  aid  in  the  beginning.  I  do  not  know  of  any  way 
in  which  the  Mining  Congress  can  today  make  its  influence 
felt  more  forcibly  than  by  using  it  with  the  management  of 
railroads  along  the  lines  I  am  now  suggesting.  This  coast 
ought  to  produce  its  own  iron  and  steel.  It  has  been  sug- 
gested at  times  in  the  daily  press  that  some  of  the  great 
trans-continental  systems  would  oppose  the  establishment 
of  a  large  iron  industry  on  this  coast,  on  the  theory  that  it 
would  thereby  lose  the  haul  of  such  products  from  eastern 


282  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

foundries  and  factories.  It  is  inconceivable  that  a  view  so 
narrow,  so  perverted  and  so  wholly  contrary  to  enlightened 
self  interest  should  be  held  by  anybody.  Where  will  you 
find  communities  more  profitable  to  railroads  than  those 
which  have  grown  up  in  Pennsylvania,  Ohio  and  New  York, 
depending  upon  iron  industries.  Pittsburg  and  Cleveland 
are  ever  increasing  mines  of  wealth  to  railroads.  The  most 
optimistic  of  us  can  hardly  conceive  what  this  coast  will  be 
with  the  physical  attractions  that  are  already  developed 
here,  supplemented  by  the  wonderful  industrial  activity  that 
will  follow  the  development  of  iron  and  steel  industries. 

In  the  main,  I  feel  that  the  railroads  are  to  be  com- 
mended for  the  part  they  have  taken  in  our  westward  de- 
velopment. I  know  that  it  is  popular  to  criticise;  I  know 
that  it  is  human  nature  never  to  be  satisfied  with  what  we 
attain,  but  always  to  desire  something  further  and  better 
than  we  get.  I  have  no  doubt  that  there  have  been  wrong  and 
oppression  practiced  at  times.  I  have  no  doubt  that  the 
policy  of  ' '  all  the  traffic  will  bear ' '  has  been  practiced  and 
that  to  some  extent  communities  have  been  enslaved,  but 
my  memory  reaches  back  vividly  to  the  days  of  the  stage 
coach  and  the  trials  and  hardships  of  the  pioneers  in  this 
western  country  in  regions  remote  from  railroads.  I  know 
what  advantages  the  railroads  can  bring  and  I  have  never 
felt  like  begrudging  to  the  railroads  the  handsome  return 
for  their  enterprise  and  for  the  hazard  which  it  involved.  I 
never  forget  that  most  of  the  railroad  enterprises  have  had 
their  periods  of  great  stress;  that  many  who  invested  at 
first  lost  what  they  put  in.  I  feel  that  the  railroads,  which 
have  worked  out  their  problems  and  have  finally  reached 
strong  and  safe  ground,  are  as  much  entitled  to  the  fruits 
of  their  efforts  as  any  man  in  this  city  is  entitled  to  the 
money  he  has  made  because  he  or  his  ancestors  had  the  fore- 
sight or  good  fortune  to  invest  in  Los  Angeles  real  estate  in 
an  early  day. 

As  I  view  it,  nearly  all  the  accumulated  wealth  of  the 
United  States  has  resulted  from  a  growth  from  crude  be- 
ginnings. The  farms  in  Iowa,  which  today  are  worth  $200 
an  acre;  the  fertile  lands  of  the  Imperial  Valley,  which 


RAILROADS  AND  MINING  DEVELOPMENT.  283 

would  bring  perhaps  $1,000  an  acre  today,  were  once  held  in 
such  light  esteem  that  they  could  not  have  been  sold  at 
auction  for  $10  an  acre. 

The  railroads  are  just  as  much  entitled  to  the  increased 
value  of  their  property,  which  comes  from  the  development 
of  a  country,  as  their  patrons  are  entitled  to  the  increased 
value  of  their  property  which  has  resulted  from  the  facil- 
ities coming  to  them  through  the  railroads. 

These  are  the  days  of  advancing  prices.  The  question, 
whether  it  is  right  and  fair  and  square  to  go  to  the  railroads 
and  say  "You  must  meet  these  changing  conditions  by 
granting  your  employees  higher  wages,"  and  then  say  to 
them,  "You  shall  not  yourself  participate  in  any  benefits 
due  to  a  higher  price  for  your  service,"  is  one  which  can 
only  be  settled  in  accordance  with  those  principles  ex- 
pressed in  the  Sermon  on  the  Mount.  I  feel  that  the  people 
of  California  owe  the  railroads  fully  as  much  as  the  rail- 
roads owe  to  them.  I  feel  that  the  people  of  all  this  West- 
ern country  are  as  much  indebted  to  the  railroads  as  the 
railroads  are  to  them. 

But  I  am  no  blind  partisan  of  the  railroads.  If  the  rail- 
roads do  wrong,  I  think  that  they  should  be  held  to  a  strict 
accountability  for  that  wrong.  I  believe  that  every  state 
should  have  its  own  effective  Highway  Commission,  which 
should  be  so  constructed  as  to  be  independent  of  insidious 
and  arbitrary  railroad  influence.  I  believe  that  such  a  com- 
mission should  have  supervision  in  all  cases  where  railroads 
show  a  tendency  to  do  wrong. 

The  community  where  I  have  cast  my  own  lot  has  re- 
cently been  subjected  to  the  most  stupendous  wrong  I  have 
ever  known  in  railroad  management.  Since  I  came  west 
of  the  Mississippi  river  thirty-five  years  ago  I  have  never 
heard  of  a  case  like  it.  I  refer  to  the  town  of  Pioche,  one  of 
the  great  historic  mining  camps  of  early  day  Nevada  his- 
tory. Nothing  in  the  annals  of  western  mining  enterprises 
exceeds  in  interest  the  wonderful  record  of  this  early  town 
of  Pioche.  It  is  a  camp  of  marvelous  mineralization  and 
under  proper  fostering  care  will  yet  respond  most  gener- 
ously in  traffic  to  the  railroad.  We  passed  through  a  pretty 


284  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

trying  time  just  after  our  railroad  was  opened  ir  January, 
1908.  There  were  times  of  panic  when  real  money  was  not 
very  much  in  evidence,  but  our  people  worked  bravely  along 
and  we  have  opened  several  mines  which  will  yet  produce 
in  a  large  way.  As  the  year  1909  closed,  we  felt  that  the 
worst  was  over  and  that  the  future  was  bright  with  promise. 
Plans  were  near  completion  for  equipping  and  opening  sev- 
eral of  these  properties  under  strong  management.  With- 
out a  warning  cloud,  the  awful  floods  of  January  1st  came 
and  swept  away  our  railroad.  For  six  months  we  were 
marooned.  All  mining  operation  ceased.  Without  timbers, 
without  distillate,  without  coal,  we  could  not  mine.  When 
at  last  the  line  was  again  opened,  paralysis  resulting  from 
this  catastrophe  was  so  general  that  it  naturally  required  a 
little  time  to  overcome  it.  Two  of  our  most  important  mines 
resumed  operations  at  once.  One  has  always  been  a  shipper 
and  the  business  originated  by  that  mine  alone  would  defray 
the  expense  of  a  daily  train  on  our  railroad.  The  other  has 
enormous  promise,  both  for  the  camp  and  for  the  railroad. 
Not  less  than  six  other  properties  are  arranging  to  resume, 
while  dozens  of  smaller  enterprises  will  do  more  or  less 
work  this  fall. 

For  a  few  days  the  railroad  gave  us  its  customary  ser- 
vice of  one  train  each  way  daily.  The  receipts  were  in  ex- 
cess of  the  outlay.  I  make  this  assertion  regardless  of  what 
anyone  may  claim  to  the  contrary.  Books  can  be  kept  to 
show  almost  any  desired  state  of  facts.  Then  they  cut  our 
service  down  to  three  trains  each  way  a  week,  and  now  they 
have  cut  the  service  to  one  train  each  way  a  week.  If  any- 
one who  hears  or  reads  this  paper  knows  of  a  similar  case  in 
western  railroad  history  in  a  mining  region,  I  should  be 
grateful  if  he  would  advise  me  of  it. 

We  have  a  railroad  commission  in  Nevada,  and  the  Ne- 
vada law  protects  us  against  such  an  outrage,  but  railroads 
have  such  a  community  as  ours  at  a  disadvantage.  Our  peo- 
ple have  been  stunned  by  the  blow  and  they  have  not  known 
how  to  fight  back  effectively.  I  do  not  know  that  they  will 
make  any  effort,  but  I  do  know  that  such  policies  are  short- 
sighted and  produce  conditions  which  it  is  always  difficult 


RAILROADS. AND  MINING  DEVELOPMENT.  285 

to  efface.  When  a  man  considers  himself  wronged  through 
and  through,  it  is  hard  to  ever  shake  off  that  feeling.  When 
impressions  of  that  character  cover  a  community,  they  are 
liable  to  spread  to  a  state  and  they  do  harm.  It  is  to  the  in- 
terest of  our  railroad  to  work  with  us  to  protect  the  fruits 
of  our  labors  and  to  help  us  to  help  them  by  a  resumption  of 
general  activity. 

I  am  not  unmindful  of  the  deplorable  misfortune  which 
befell  the  railroad  in  the  washing  out  of  their  line  for  the 
fourth  time.  All  right  minded  men  must  sympathize  with 
them.  To  rebuild  in  the  permanent  way  they  planned  is  go- 
ing to  be  very  expensive,  but  it  is  my  judgment  that  the  ad- 
vantages which  will  come  through  the  magnificent  methods 
of  reconstruction  will  be  sufficent  within  a  reasonable  time 
to  recoup  all  their  losses  and  leave  them  with  one  of  the  most 
impressive  railroad  lines  in  the  United  States.  I  have  no 
quarrel  with  their  officers,  most  of  whom  I  esteem  highly, 
but  I  speak  of  this  instance  as  illustrating  the  principle  I 
have  announced,  that  it  is  not  only  the  best  policy  for  a 
railroad,  but  it  is  a  moral  obligation  resting  upon  the  rail- 
road management  to  help  the  communities  they  serve,  and 
for  the  existence  of  which  they  are  themselves  responsible, 
to  work  out  their  problems. 

The  deplorable  wrong  to  which  Pioche  has  been  sub- 
jected has  not  furnished  the  motive  for  this  paper,  but  it 
presents  a  most  important  illustration  of  how  a  railroad 
serving  a  mining  community  can  go  wrong.  It  emphasizes 
the  need,  not  only  for  firm  supervision  of  railroads  by  a 
State  Railroad  Commission,  but  it  also  presents  a  situation 
of  tremendous  importance  to  the  subject  with  which  this 
paper  deals.  It  seems  to  me  a  most  important  question  to 
be  considered  by  a  congress  of  this  character,  organized  to 
combat  wrong  and  to  promote  right  in  the  mining  industry. 


Proposed  Legislation  For  The  Disposition  Of  The  Public 

Lands. 


(A   letter   by   Hon.    Richard   A.   Ballinger,    Secretary   of   the    Interior, 
Washington,  D.  C.) 

To  the  Officers,  Members  and  Delegates  of  the  American 

Mining  Congress. 

Because  of  my  interest  in  the  development  of  the  min- 
eral resources  of  our  public  domain,  I  would  be  pleased  to 
attend  the  coming  convention  of  the  American  Mining  Con- 
gress, but  fear  that  I  will  not  be  able  to  do  so  because  of  of- 
ficial duties  which  will  require  my  return  to  Washington 
City  prior  to  the  date  of  your  convention. 

The  administration  conservation  bills  were  prepared  in 
the  form  of  suggestions  for  the  consideration  of  Congress, 
and  so  far  as  I  personally  am  concerned,  I  am  not  insistent 
upon  their  adoption  as  drawn,  but  will  welcome  any  changes 
therein,  which  will  aid  in  the  conservation  and  development 
of  the  resources  affected  by  the  measures. 

In  my  annual  report  to  the  President  for  the  year  1909, 
I  suggested  with  reference  to  coal  lands  the  importance  of 
separating  the  right  to  mine  from  the  title  to  the  surface. 
This  has  been  accomplished  by  legislation  adopted  at  the 
last  session.  I  further  suggested  that  the  conservation  of 
the  coal  deposits  and  the  prevention  of  monopoly  or  extor- 
tion might  be  accomplished  either  through  a  leasing  system 
or  through  the  sale  of  the  coal  with  restrictions  as  to  mining 
and  use.  This  recommendation  contemplated  requiring  the 
lessees  or  grantees  to  open  and  mine  the  coal  deposits 
with  provisions  in  the  lease  or  grant  for  the  forfeiture  of 
title  in  the  event  of  combinations  as  to  price,  or  limitation 
of  the  output.  Practically  the  same  suggestions  were  made 
with  reference  to  oil  and  gas  deposits.  Deposits  of  phos- 
phates are  of  special  interest  because  of  their  importance  in 
connection  with  the  refertilization  of  impoverished  soils, 
and  it  is  of  primary  importance  that  the  undisposed  of  de- 
posits of  phosphate  should  hereafter  be  disposed  of  upon 


LEGISLATION  FOR  DISPOSITION  OF  PUBLIC  LANDS.         287 

such  conditions  and  with  such  limitations  as  will  secure 
their  use  upon  American  soil. 

With  reference  to  the  remaining  timber  upon  the  public 
domain  outside  the  national  reserves,  I  recommend  the  re- 
peal- of  the  timber  and  stone  acts  and  the  enactment  of  a 
law  providing  for  the  separate  disposition  of  the  timber 
from  the  land,  the  latter  to  be  disposed  of  after  the  removal 
of  the  timber  under  appropriate  agricultural  or  mineral 
laws.  It  seems  to  me  this  method  of  disposition  would  pro- 
vide a  means  whereby  this  timber  might  be  utilized  as  need- 
ed, while  the  land  itself  would  remain  for  disposition  under 
the  homestead  laws,  if  suitable  for  agriculture  or  for  ex- 
ploration, or  purchase  under  the  general  mining  laws  if  min- 
eral in  character.  Provision  should  also  be  made  for  a 
preference  right  to  purchase  by  the  homestead  or  mineral 
claimant  of  the  timber  on  his  claim.  The  matter  of  pro- 
tecting those  public  lands  suitable  for  sites  for  development 
of  hydro-electric  power  has  evoked  much  public  interest, 
and  more  than  a  million  and  a  half  acres  of  public  lands 
have  been  withdrawn  for  this  purpose.  In  the  report  above 
described,  I  recommended  that  if  the  federal  government 
desires  to  control  or  supervise  water  power  development,  it 
can  do  so  by  enactment  of  a  measure,  which  will  grant  a 
lease  or  easement  for  a  limited 'period  with  the  option  of 
renewal,  provision  being  made  for  prompt  development  and 
a  moderate  charge  for  the  rights  granted  or  the  entering 
into  any  combination  to  charge  rates  beyond  a  reasonable 
profit  on  the  investment  and  cost  of  operation.  It  is  admit- 
ted by  nearly  every  one  that  the  waters  of  the  streams  are 
subject  to  state  jurisdiction  in  their  appropriation  and  bene- 
ficial use,  and  with  this  in  mind  bills  were  introduced  in 
Congress  during  the  last  session,  providing  for  the  granting 
of  public  lands  for  this  kind  of  development  to  the  states, 
upon  condition  that  they  dispose  of  easements  or  leases  for 
the  development  of  electrical  power  upon  proper  conditions, 
the  title  to  the  lands  to  revert  to  the  general  government  in 
the  event  of  their  application  to  any  other  use. 

Our  present  public  land  laws  in  so  far  as  they  relate  tp 
the  classes  of  land  hereinbefore  described  need  revision,  and 


2SS  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

even  if  Congress  shall  fail  to  agree  entirely  with  the  sugges- 
tions made  by  the  Department  or  the  bills  presented,  it  is 
hoped  that  same  will  form  the  basis  for  new  legislation.  Any 
departure  in  legislation  on  these  subjects  is  of  course  in  a 
sense  experimental,  but  it  is  the  desire  of  the  Interior  De- 
partment to  secure  practical' legislation  and  eliminate  the 
experimental  feature  so  far  as  possible. 

It  seems  that  the  efforts  of  all  citizens  and  organiza- 
tions interested  in  the  subject  should  tend  to  the  direction 
of  securing  such  legislation  as  will  promote  development 
but  guard  the  public  interest  by  protecting  against  injurious 
monopoly  or  unreasonable  charges  to  the  consumer  for  these 
resources. 

With  reference  to  the  minerals  other  than  those  de- 
scribed, and  it  seems  there  is  a  clear  line  of  demarcation  be- 
tween the  fuel  minerals  and  those  which  may  be  denomi- 
nated as  the  precious  metals,  I  believe  that  our  present  min- 
ing laws  based  upon  the  experience  and  wisdom  of  those 
who  for  nearly  half  a  century  have  participated  in  their  de- 
velopment should  not  be  changed,  except  by  such  amend- 
ments or  additions  as  may  be  deemed  essential  to  improve 
them.  In  this  connection  it  is  believed  that  the  law  should 
be  modified  so  as  to  require  mining  location  notices  to  be 
placed  on  record  in  the  local  land  offices  of  the  district 
where  the  lands  are  situated,  that  final  payment  and  entry 
upon  mining  claims  should  be  required  to  be  made  within  a 
fixed  period  after  location,  say  seven  years,  exclusive  of 
such  period  as  the  claims  may  be  involved  in  contest  or  ad- 
verse proceedings  and  that  the  placer  mining  laws  should 
be  amended  so  as  to  make  the  maximum  area  subject  to  lo- 
cation by  an  association,  corporation,  or  individual,  forty 
areas. 

Again  assuring  you  of  my  interest  in  the  work  of  your 
association  and  trusting  that  the  next  convention  will  be 
a  most  successful  one,  I  remain, 

Sincerely  yours, 

*  m'-n.  riii  R-  A-  BALLINGER, 

To  Hon.  J.  F.  Callbreath,  Jr., 

Secretary,  American  Mining  Congress, 
Denver,  Colorado. 


The  Public  Lands. 
Shall  We  Have  Private  Ownership  Or  a  Leasing  System, 


BY  FRANK  W.  MONDELL,  CHAIRMAN  PUBLIC  LANDS  COMMITTEE, 
HOUSE  OF  REPRESENTATIVES. 

To  the  Officers  and  Delegates  of  the  American  Mining  Con- 
gress, Los  Angeles,  California. 
Gentlemen: 

It  is  a  matter  of  very  great  regret  to  me  that  I  am  un- 
able to  accept  the  invitation,  forwarded  by  your  Secretary, 
to  attend  the  Los  Angeles  meeting  of  the  Mining  Congress, 
but  other  important  engagements  render  it  impossible  for 
me  to  do  so.  However,  at  the  request  of  your  Secretary  I 
avail  myself  of  the  opportunity  to  make  a  few  suggestions 
with  regard  to  the  outlook  for  American  mining  industries, 
particularly  as  they  are  affected  by  our  public  land  policy. 

The  fact  that  our  liberal  public  land  policy  of  the  past 
has  been  instrumental  in  a  marked  degree  in  stimulating  and 
encouraging  mining  development  will  not,  I  assume,  be  de- 
nied by  anyone  though  there  may  be  some  difference  of 
opinion  as  to  what  extent  the  liberality  of  the  land  laws  has 
tended  to  the  concentration  of  the  mining  industries  in  large 
enterprises;  as  there  will  also  be  differences  of  opinion  as 
to  the  comparative  advantages  and  disadvantages  of  such 
concentration,  though  no  one  can  deny  that  the  larger  the 
number  of  operations,  the  larger  the  number  of  people  inter- 
ested in  them,  within  reason,  the  greater  will  be  the  bene- 
fits which  arise  from  the  profits  of  operation. 

The  real  question  which  now  confronts  the  American 
people  with  regard  to  the  utilization  of  the  mineral  resources 
of  the  public  lands  is,  shall  this  utilization  continue  on  the  basis 
of  private  ownership,  and  a  fee  title,  or  shall  the  resources  of  the 
remaining  portions  of  the  public  domain  be  developed  on  the  basis 
of  National  ownership  under  a  system  of  leasing  ? 

So  far  as  the  metalliferous  minerals  are  concerned  the 
demand  for  the  retention  of  lands  containing  such  minerals 
in  public  ownership  and  their  development  on  a  royalty 


290  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

basis,  has  not  as  yet  been  generally  voiced;  but,  inasmuch  as 
there  is  no  definite  or  controlling  reason  why  lands  contain- 
ing metalliferous  minerals  should  be  open  to  free  exploita- 
tion while  lands  containing  non-metalliferous  minerals  are 
worked  under  leasehold,  we  may  reasonably  expect  that  if  a 
National  leasing  system  were  established,  it  would  event- 
ually extend  to  metalliferous  minerals. 

Against  a  Federal  mineral  leasing  system  a  policy  of 
perpetual  Government  landlordism  stands,  the  argument  of 
past  experience  voicing  the  fact  that  no  self-governing  and 
free  people  (if  we  except  the  questionable  success  of  experi- 
ments in  that  direction  in  New  Zealand  and  Australia)  have 
ever  permanently  established  and  maintained  a  system  of 
Government  landlordism,  and  that  the  phenomenal  success 
of  the  mining  industry  in  the  United  States  has  unquestion- 
ably been  largely  due  to  individual  ownership,  initiative 
and  enterprise. 

The  permanent  retention  in  Government  ownership  of 
vast  areas  of  lands  in  Western  States,  and  the  perpetual 
collection  of  royalties  to  be  paid  into  the  Federal  Treasury 
from  the  States  thus  taxed  is  particularly  repugnant  to  a 
large  majority  of  the  people  of  the  region  affected,  as  rep 
resenting  a  direct  tax,  through  royalties,  upon  mineral  pro- 
duction in  Western  States  not  laid  upon  like  production  in 
other  parts  of  the  Union,  and  strikes  them  as  being  not  only 
unfair,  but  contrary  to  the  spirit  of  our  institutions  and  the 
established  policy  of  our  people. 

While  all  these  arguments,  and  many  others  that  can  be 
made  in  opposition  to  the  establishment  of  a  Federal  leasing 
system,  have  much  force,  it  should  be  borne  in  mind  that 
there  has  been  developed  in  the  country  in  the  past  few 
years,  by  the  wide  publicity  given  to  the  views  of  a  certain 
class  of  people  on  the  subject,  a  strong  sentiment  in  favor 
of  the  retention  of  the  title  to  the  mineral  bearing  public 
lands  in  the  Nation.  And  this  sentiment  must  be  reckoned 
with.  The  matter  should  be  treated  not  from  the  narrow 
standpoint  of  individual  benefit  but  from  the  broader  stand 
point  of  the  general  good. 


PRIVATE    OWNERSHIP    OR   LEASING    SYSTEM.  291 

It  has  not  been  uncommon  for  men  who  are  strongly  op- 
posed to  the  principles  of  a  Federal  leasing  system,  a  per- 
petual control  over  the  mineral  resources  of  the  West,  to 
lend  their  countenance  to  some  features  of  the  general  pol- 
icy they  oppose  either  with  a  view  of  temporary  relief  from 
an  embarrassing  situation  or  because  of  some  possibility  of 
personal  benefit. 

It  is  either  wise  or  unwise,  just  or  unjust;  it  will  be 
either  helpful  or  disastrous  to  a  majority  of  the  American 
people  if  we  shall  depart  from  our  past  policy  of  private 
ownership  of  lands  containing  mineral,  private  development 
of  water  powers  under  proper  local  control  and  supervision, 
and  pass  to  a  system  of  Federal  landlordism  and  perpetual 
Ifederal  taxation.  And  it  is  important  that  every  good  cit- 
zen  in  a  position  to  exert  influence  in  these  matters  should 
determine  which  policy,  in  his  opinion,  would  be  best  for  the 
country  at  large  and  exert  his  influence  accordingly. 

It  may  be  suggested  that  modification  of  our  past  pol- 
icy of  full  individual  ownership  and  control  could  be 
adopted  which  would  be  reasonably  satisfactory  both  to  the 
individualist  and  to  those  who  advocate  a  National  Social- 
ism,— National  ownership  and  leasehold.  Whether  or  not 
this  is  possible  is  a  problem,  though  there  are  those  who, 
holding  stoutly  to  a  continuance  of  our  past  policy,  might 
be  willing  to  try  the  experiment  of  leasehold  in  a  limited 
way  and  confined  to  certain  classes  of  products. 

I  believe  it  is  quite  generally  agreed  that  if  the  policy 
of  passing  mineral  lands,  and  lands  controlling  power  de- 
velopment, into  private  ownership,  can  be  continued  without 
danger  of  monopoly  and  of  oppressive  combinations,  such  a 
policy  should  be  continued.  Of  course  those  who  are  be- 
lievers in  the  doctrine,  which  unfortunately  is  gaining  some 
considerable  foothold,  that  the  production  of  certain  classes 
of  wealth  in  certain  States  should  be  subject  to  a  Federal 
tax  not  laid  upon  industries  of  other  States,  will  dissent 
from  this  proposition. 

The  question  then  is:  Does  private  ownership  of  mineral 
lands;  private  development  of  mineral  resources,  including  the  de- 
velopment of  water  power;  necessarily  lead  to  monopoly,  and  if  so, 


292  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

is  the  most  effective,  or  the  one  effective  way  to  prevent  such  monop- 
oly, to  retain  direct  ownership  and  control  in  the  Federal  Govern- 
ment? 

For  myself  I  am  much  inclined  to  answer  these  prop- 
ositions in  the  negative.  Of  late  years  the  Nation  has 
bulked  so  large  in  the  public  eye  that  we  have  largely  lost 
sight  of  the  fact  that  people  locally,  in  their  communities, 
municipalities,  and  particularly  through  the  States,  are 
sovereign  in  their  control  over  the  industries  of  their  terri- 
tory and  that  many  classes  of  mining  industries  and  devel- 
opment are  distinctly  local  in  their  character  and  subject 
to  local  control  to  the  fullest  extent.  This  is  particularly 
true  of  water  power  development  in  all  irrigation  States, 
where  the  State  exercises  a  complete  control,  at  all  times, 
over  the  use  of  water  for  power  development  as  well  as  for 
other  purposes  and  can  therefore  prevent  exaction  or  op- 
pression. 

In  the  case  of  other  classes  of  mineral  development, 
such  as  that  of  coal,  the  fact  has  been  overlooked  to  a  con- 
siderable extent  that  the  question  of  the  price  of  coal  is 
very  largely  one  of  transportation;  that  nowhere  in  the 
United  States,  with  the  possible  exception  of  the  anthracite 
coal  regions,  is  coal  sold  at  the  pit  mouth  above  a  reasonable 
price.  In  fact,  Federal  comments  on  the  situation  are  to  the 
effect  that  the  price  at  the  pit  mouth  is  generally  so  low  as 
to  compel  waste  through  the  necessity  of  leaving  in  the 
mine,  or  on  the  dump,  the  inferior  or  less  desirable  grades 
of  coal.  The  coal  question,  therefore,  is  one  most  largely 
affected  by  transportation. 

Transportation  questions  are  to  be  settled  not  through 
ownership  of  coal  mines  by  the  Government,  but  through 
the  control  of  railway  corporations  by  the  people.  Further- 
more, we  have  not  lost  faith  in  the  efficacy  of  laws  that  aim 
at  combinations  in  restraint  of  trade.  These  weapons  are 
as  effective  in  the  western  regions  where  the  Government 
still  owns  lands  bearing  mineral  as  in  the  East  where  the 
lands  have  long  since  passed  into  private  ownership. 

In  conclusion  I  would  say  that  in  the  consideration  of 
this  important  question  we  should  have  in  mind  the  fact 


PRIVATE    OWNERSHIP    OR    LEASING    SYSTEM?  293 

that  there  is  a  very  decided  difference  of  opinion  on  the  sub- 
ject which  must  be  taken  into  consideration;  that  it  is  the 
duty  of  all  good  citizens,  and  particularly  an  Association 
like  this,  to  have  a  fair  and  open  discussion  of  the  subject 
and  a  frank  expression  of  opinion. 

The  Anglo-Saxon  world  is  strongly  wedded  to  the  idea 
of  private  ownership  of  land,  and  other  property;  strongly 
convinced  of  the  necessity  of  such  a  policy  to  bring  out  the 
best  efforts  and  endeavors  of  the  people. 

It  will  require  strong  arguments  to  convince  a  majority 
of  those  who  have  given  the  matter  consideration  that  a 
contrary  policy  is  in  the  long  run  a  wise  or  beneficial  one. 
But  it  will  not  settle  the  question  to  be  dogmatic,  and  every 
argument  pro  and  con  must  be  carefully  considered  and 
manfully  met. 

The  time  has  passed  when  any  class  of  people  can  dis- 
credit the  argument  of  others  on  these  subjects  by  the  as- 
sertion that  those  who  differ  with  them  are  actuated  solely 
by  narrow  self  interest  and  a  desire  to  ' '  loot  the  public  do- 
main "  and  "rob  the  people  of  their  heritage. "  The  ques- 
tions involved  are  altogether  too  serious  to  be  answered  by 
mere  accusation  and  assertion  of  superior  virtue. 

We  are  all  anxious  to  reach  a  solution  which  shall  in 
the  long  run  result  in  the  greatest  good  to  the  greatest  num- 
ber of  our  people,  and  from  that  standpoint  the  widest  dis- 
cussion should  be  encouraged. 

Yours  respectfully, 

F.  W.  MONDELL. 


Conservation  As  It  Affects  Western  Development. 


BY  GOVERNOR  RICHARD  E.  SLOAN,  PHOENIX,  ARIZONA. 

Mr.  Chairman  and  Members  of  the  Mining  Congress : 

I  have  been  unable  to  attend  or  even  to  follow  the  pro- 
ceedings of  this  Congress  heretofore,  and  hence,  am  some- 
what in  the  dark  as  to  how  far  and  to  what  extent  the  gen- 
eral subject  of  conservation  has  been  considered  or  discussed. 
I  trust,  therefore,  I  may  be  pardoned  if  I  should  touch  upon 
matters  which  have  been  fully  considered,  and  in  a  sense, 
disposed  of  by  the  Congress. 

While  I  did  not  attend  the  meeting  of  the  Western  Gov- 
ernors held  at  Salt  Lake  City  at  the  instance  of  my  friend 
Governor  Hay  of  Washington,  and,  while  I  did  not  attend  the 
meeting  of  the  Conservation  Congress  at  St.  Paul  I,  never- 
theless, followed  the  proceedings  of  both  meetings  with  great 
interest  with  a  view  of  getting  at  the  real  differences  be- 
tween the  Eastern  and  Western  points  of  view,  and  ascer- 
taining whether,  if  possible,  the  two  are  so  far  apart  as  to  be 
irreconcilable. 

Speaking  as  a  Western  man,  whose  sympathies  are 
wholly  Western,  I  say  by  way  of  introduction  that  I  have  not 
yet  become  panic  stricken  over  the  possibility  of  any  "new 
nationalism "  usurping  the  police  powers  of  the  States,  or 
over  the  probability  that  the  "twilight  zone"  between  Fed- 
eral and  State  jurisdictions,  if  there  be  any  such,  may  be  oc- 
cupied and  held  by  the  central  government  to  the  exclusion 
of  the  rights  of  the  States.  What  I  fear  most  is  that  this 
question  of  conservation  may  become  a  political  one,  and  be 
used  for  partisan  ends  at  the  hazard  of  being  diverted  from 
its  true  purpose  and  end.  In  saying  this  I  am  perfectly  aware 
that  public  opinion  in  the  East  is  hostile  in  some  respects 
to  the  views  and  interests  of  the  people  of  the  West;  that 
there  is  a  strong  sentiment  in  favor  of  the  retention  of  our 
coal,  oil  and  mineral  lands,  of  our  forests  and  water  power, 
on  the  public  domain,  as  a  national  possession  to  be  exploited 


CONSERVATION  AND  WESTERN  DEVELOPMENT.     205 

for  the  sake  of  the  assumed  rich  revenues  which  may  be  de- 
rived therefrom  for  the  benefit  of  the  national  treasury.  I 
know  too,  that  a  strong  feeling  exists,  that  there  has  been 
heretofore  land  frauds  of  gigantic  proportions  perpetrated 
and,  that  the  coal,  oil  and  timber  lands  of  the  West,  have 
been  gobbled  up  in  the  interest  of  monopoly,  and  further, 
that  the  people  of  the  West  are  in  sympathy  with  the  land 
thieves  and  wrong  doers.  Public  sentiment,  however,  of  this 
kind  may  be  corrected  by  the  right  sort  of  presentation  of 
the  real  facts  and  conditions.  This  has  not  been  done  here- 
tofore. I  have  faith  to  believe  that  the  American  people  as  a 
whole  with  a  knowledge  of  the  facts  and  conditions  as  they 
actually  exist  in  the  West  will  be  fair,  and  that  the  just  and 
right  demands  of  the  Western  people  will  be  heeded  and 
that  no  policy  will  permanently  be  adopted  which  will  not 
take  into  account  their  interest  and  the  rights  of  the  States 
as  well.  I  am,  therefore,  strongly  in  favor  of  any  movement 
looking  toward  the  largest  publicity  of  the  Western  view  arid 
the  fullest  presentation  to  the  country  of  the  facts  and  rea- 
sons in  support  of  that  view.  I  counsel,  however,  modera- 
tion, the  broadest  tolerance,  and  the  utmost  candor  in  the 
presentation  of  our  cause.  Let  us  show  by  our  example  that 
we  are  sincere,  honest  and  just,  and  that  we  do  not  ask  for 
anything  unreasonable  but  on  the  contrary  welcome  the  full- 
est investigation,  the  most  searching  and  rigorous  investi- 
gation, into  any  and  all  charges  of  fraudulent  acquisitions 
of  public  lands  or  attempts  on  the  part  of  anybody  to  de 
spoil  the  nation  out  of  any  of  its  domain.  I  do  not  fear 
such  an  investigation  for  I  am  persuaded  that  the  truth  will 
disclose  that  the  people  of  the  West  are,  for  the  most  part, 
honest,  and  do  not  seek  to  wrong  the  people  of  the  nation, 
or  to  impede  the  cause  of  conservation  for  selfish  reasons  or 
purposes.  If  we  are  successful  it  will  be  because  we  are 
right  and  because  we  present  our  cause  in  the  right  spirit 
and  attitude. 

The  powers  of  the  Federal  government  are  limited  by 
the  constitution,  and  as  it  does  not  seem  possible  that  the 
extreme  nationalists  may  secure  any  amendment  to  the  con- 
stitution of  the  United  States  which  will  enlarge  those 


296  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

powers,  the  only  danger  that  we  may  fear  is  that  the  Fed- 
eral government  as  the  proprietor  of  the  public  lands  in 
the  Western  States  may  adopt  such  a  policy  with  reference 
to  the  disposition  of  those  lands  as  to  injure  and  retard  the 
growth  and  development  of  the  West.  The  thing  which 
the  West  should  insist  upon  through  its  representatives  in 
Congress,  through  the  public  press  and  every  avenue  of 
publicity,  is  that  our  people  shall  not  be  taxed  to  create  a 
revenue  from  our  natural  resources  in  excess  of  what  may 
be  needed  by  the  Government  for  the  proper  conservation 
of  these  resources. 

The  West,  to  secure  its  just  rights,  must  formulate  and 
agree  upon  some  policy  of  practical  conservation  which  will 
appeal  to  the  intelligence  and  patriotism  of  the  whole  coun- 
try. As  the  President  at  St.  Paul  said  the  other  day,  * '  The 
time  for  rapsodies  is  past."  It  is  also  perhaps  proper  to 
say  that  the  time  for  acrimonious  discussion  and  of  charges 
of  bad  faith  on  the  one  side  and  of  narrowness,  bigotry 
and  impractical  idealism  on  the  other  side  should  be  ended 
and  that  the  time  has  come  for  those  occupying  middle 
ground  on  this  question  to  endeavor  to  work  out  a  practical 
solution  of  its  many  difficulties. 

I  represent  a  Territory,  which  hopes,  however,  soon 
to  be  a  State.  I  belong  to  the  obnoxious  class  known  as 
Federal  Office  Holders,  a  class  which  is  assumed  to  repre- 
sent the  views  of  the  national  administration.  In  my  own 
case,  however,  it  is  only  an  assumption.  If  I  were  to 
express  my  creed  upon  the  subject  of  national  conservation 
it  would  be  in  general  that  there  should  be  no  revolutionary 
overhauling  of  the  laws  relating  to  the  disposition  of  our 
public  domain,  but  that  these  should  be  amended  only  where 
necessary  to  effect  the  general  purpose  of  conservation  pure 
and  simple.  The  homestead  Act  by  means  of  which  title  to 
the  great  bulk  of  public  lands  in  the  middle  West  has  been 
acquired  should  not  be  repealed  or  amended  so  as  to  add 
materially  to  the  cost  or  difficulties  of  homesteaders  in  ac- 
quiring titles.  I  believe  that  the  forest  service  should  be 
maintained  on  much  the  same  lines  as  at  present.  Our  coal 
and  oil  lands  should  be  open  to  exploration  and  discovery 


CONSERVATION  AND  WESTERN  DEVELOPMENT.     297 

and  their  development  and  opening  up  should  be  encouraged 
by  a  system  of  leasing  or  sale  upon  such  terms  as  will  per- 
mit these  resources  to  be  utilized  for  the  benefit  of  the  peo- 
ple of  the  States  or  Territories  where  they  may  be  situated; 
that  stringent  laws  against  monopoly  or  extortion  on  the 
part  of  the  holders  of  such  land  should  be  enacted,  a  viola- 
tion of  which  should  work  a  forfeiture  of  all  rights  or  titles 
to  such  lands  held  by  the  offenders.  No  embargo  should  be 
permitted  on  prospecting  for  minerals  on  the  public  domain, 
and  the  development  and  utilization  of  our  water  power 
should  be  encouraged  with  proper  safe  guards  against  mo- 
nopoly, wherever  monopoly  is  possible  and  against  extortion 
on  the  part  of  the  appropriators  of  such  water  power. 

Having  stated  my  views  in  general  terms  as  to  what 
the  national  policy  in  dealing  with  the  public  domain  should 
be,  permit  me  briefly  to  enlarge  upon  one  or  two  points  in 
their  bearing,  particularly,  upon  the  development  of  the 
mining  industry. 

I  am  a  thorough  believer  in  the  wisdom  of  the  national 
policy  in  respect  to  forest  reserves.  In  Arizona  I  have  ob- 
served the  good  effects  of  this  policy  both  in  the  protection 
of  the  forest  and  in  the  growth  of  young  trees.  Fire  is  the 
great  destructive  agency  as  we  all  know,  and  I  am  con- 
vinced that  danger  to  our  standing  timber  from  this  source 
has  been  minimized  by  the  creation  of  the  reserves.  It  is, 
however,  useless  to  deny  that  there  are  objections  to  the 
forest  service  as  now  recognized  and  conducted.  The  great- 
est cause  of  friction  at  present  in  the  relations  of  the  Forest 
Service  to  the  people  of  the  Territory  has  been  in  the  en- 
forcement of  the  rules  and  regulations  appertaining  to  min- 
ing and  prospecting  within  the  forest  reserves.  As  near  as 
I  can  ascertain,  however,  much  of  this  friction  is  unneces- 
sary and  due  to  the  want  of  tact  or  judgment  on  the  part  of 
government  employes  in  the  application  of  the  rules  and 
regulations  promulgated  by  the  Department,  governing  the 
matter  of  mining  and  prospecting,  and  not  to  the  rules  and 
regulations  themselves.  Complaints  have  frequently  been 
made  to  me  by  miners  within  the  forest  reserves  that  they 
are  treated  by  the  government  employes  as  though  they 


298  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

were  trespassers  and  interlopers;  that  if  they  want  timber 
for  mining  purposes  they  are  frequently  subjected  unnec- 
essarily to  delays  which  seriously  affect  their  business;  and 
that  titles  to  mining  claims  located  within  reserves  are 
made  precarious  by  reason  of  adverse  reports  made  by  in- 
competent examiners  as  to  their  validity,  and  that  patents 
are  frequently  held  up  unnecessarily  and  without  just  cause 
in  the  same  way. 

I  am  convinced  that  there  is  occasion  for  these  com- 
plaints in  some  instances.  They  have  their  source,  however, 
largely  in  the  misguided  zeal  of  government  employes.  It 
must  be  remembered  that  the  Forest  Service  is  compara- 
tively new  and  that  heretofore  many  of  those  engaged  in  the 
service  are  untrained  and  inexperienced  as  to  their  duties. 
Many  of  them  have  been  sick  boys  sent  out  from  the  East 
without  experience  and  wholly  without  sympathy  with  the 
people  with  whom  they  must  necessarily  transact  business. 
It  is  impossible  in  many  instances  for  the  government  to 
guard  against  a  certain  measure  of  arrogance,  incompe- 
tence and  mistaken  zeal  on  the  part  of  its  employes.  This  is 
the  weakness  of  bureaucracy.  It  is  only  possible  for  such 
supervision  and  wise  control  over  subordinates  on  the  part 
of  heads  of  departments  or  bureaus  so  as  to  minimize  these 
evils.  In  justice,  however,  I  believe  that  many  of  the  com- 
plaints are  unfounded  in  fact  and  unjust.  Kestriction  of 
any  kind  is  obnoxious  to  many  people,  especially  to  those 
who  have  been  unaccustomed  to  any  sort  of  limitation  upon 
their  use  of  the  public  domain.  Miners  are  notorious  kick- 
ers when  it  comes  to  matters  of  personal  liberty  or  freedom 
of  conduct,  and,  therefore,  it  is  not  fair  to  set  down  against 
the  Forest  Service  all  the  charges  and  complaints  of  unfair 
treatment  which  we  hear.  There  is  in  my  judgment  how- 
ever, sufficient  truth  in  them  to  warrant  the  belief  that 
there  is  room  for  improvement,  if  not  reformation,  in  the 
administration  of  the  Forest  Service,  especially  in  the  mat- 
ter of  the  enforcement  of  rules  and  regulations  of  the  De- 
partment with  reference  to  mining  and  prospecting  within 
the  reserves.  I  do  not  know  how  it  is  elsewhere,  but  I  know 
that  in  the  Southwest  there  is  no  organization  of  men  en- 


CONSERVATION  AND  WESTERN  DEVELOPMENT.  299 

gaged  in  mining  which  may  properly  represent  the  industry 
in  its  relation  to  the  Forest  Service,  as  is  the  case  with  the 
sheep  and  cattle  interests.  The  establishment  of  the  Mining 
Bureau  ought  to  and  undoubtedly  will  aid  in  securing  sat- 
isfactory adjustments  of  differences  which  may  arise  be- 
tween the  mining  industry  and  the  government  in  relation 
to  the  forest  reserves.  This  is  an  age  of  organization,  com- 
bination and  of  co-operation  between  people  having  inter- 
ests in  common.  In  my  judgment  mining  men,  especially 
in  the  Southwest,  have  made  a  mistake  in  overlooking  the 
importance  of  such  organization. 

With  regard  to  our  water  power,  and  this  is  a  matter  in 
which  the  mining  industry  is  vitally  concerned,  I  can  only 
speak  from  the  limited  knowledge  I  have  of  the  subject. 

In  Arizona  we  do  not  have  many  power  sites  aside  from 
those  that  may  be  found  in  the  Grand  Canon  of  the  Colo- 
rado river.  It  would  ordinarily  be  an  easy  thing  to  estab- 
lish a  monopoly  of  water  power  by  a  combination  between 
the  holders  thereof  in  my  Territory.  Fortunately,  however, 
our  laws  are  ample  to  protect  against  monopoly  or  extor- 
tion. Under  these  laws  the  water  of  public  streams,  not 
navigable,  are  declared  to  be  public  property  and  the  legis- 
lature may,  therefore,  determine  the  terms  and  conditions 
upon  which  the  right  to  use  the  same  may  be  acquired  and 
maintained.  The  constitution  of  our  new  State  will  un- 
doubtedly adhere  to  the  policy  of  retaining  the  title  to  pub- 
lic waters  in  the  State.  Notwithstanding  this,  however,  I 
see  no  reason  why  Congress  should  not  grant  its  power  sites 
upon  liberal  terms,  retaining,  however,  such  rights  over 
them  as  will  guard  against  monopoly  or  extortion  on  the 
part  of  the  holders  thereof.  These  regulations,  however,  in 
justice  to  the  consumers  of  power  under  these  projects 
should  not  involve  a  burdensome  t^'njpon  such- consumers 
of  su^h. power.  v 

With  regard  to  oil  and  coal  lands  I  favor  the  sale  and 
leasing  of  these  upon  terms  which  will  encourage  prospect^ 
ing  and  the  development  of  these  natural  resources.  It  is 
unfair,  of  course,  to  expect  the  government  to  lease  or  sell 
such  lands  upon  terms  which  will  amount  'to  a  practical 


300  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

gift  to  the  purchasers,  and  on  the  other  hand,  it  would  be 
unjust  to  exact  such  rental  or  to  place  such  a  value  upon 
them  as  to  make  the  cost  of  oil  or  of  coal  to  the  consumers 
in  our  Western  States  extortionate  or  even  to  materially 
add  to  their  cost.  In  my  judgment  it  would  be  as  unjust 
for  the  government  to  establish  indirectly  a  monopoly  and 
be  a  party  to  extortion  as  in  the  case  of  a  corporation  or 
combination  of  interests.  As  in  the  case  of  water  power,  I 
see  no  reason  why  rights  to  coal  or  oil  lands  might  not  be 
granted  upon  liberal  terms  with  such  reservations  in  the 
grants  as  will  safeguard  the  government  against  waste, 
prevent  monopoly  and  extortion  on  the  part  of  its  grantees. 
This,  in  my  judgment,  the  national  government  should  con- 
fine its  policy  of  conservation,  first,  to  prevent  waste  or 
destruction  of  our  national  resources  included  within  the 
public  domain,  and  second,  to  prevent  those  national  re- 
sources from  falling  into  the  hands  of  interests  which  would 
exploit  them  in  such  a  way  to  make  the  cost  to  the  consum- 
ers unreasonable  or  extortionate.  Aside  from  this  every 
encouragement  should  be  given  toward  the  right  develop- 
ment and  use  of  our  agricultural  and  mineral  lands,  forest 
and  water  power. 

Looking  at  this  whole  matter  of  conservation  in  its  re- 
lation to  Western  development  I  see  much  to  encourage 
the  belief  that  a  solution  of  the  problem  of  reaching  a  sat 
isfactory  basis  of  co-operation  between  the  national  and 
State  governments  may  be  reached.  The  people  of  the  West, 
who  are  most  vitally  and  immediately  concerned,  however, 
must  take  the  initiative  in  adopting  a  broad,  liberal  and 
just  policy  for  our  State  governments  to  adopt  and  put  in 
force,  and  in  the  advocacy  of  some  plan  of  national  legisla- 
tion which  our  representatives  in  Congress  may  advocate 
with  justice  and  with  such  a  showing  as  to  actual  facts  and 
conditions  as  to  compel  the  attention  and  gain  the  support 
of  fair  minded  representatives  from  the  Eastern  states. 
Above  and  beyond  everything  else  in  my  judgment  every 
attempt  to  make  this  a  political  issue  should  be  frowned 
down  upon  and  any  man  who  seeks  notoriety  or  place  or 
office,  or  any  kind  of  personal  advantage  through  the  ad- 


CONSERVATION  AND  WESTERN  DEVELOPMENT.     301 

vocacy  of  this  or  that  plan  or  this  or  that  measure  should 
meet  with  the  condemnation  of  our  Western  people.  If  we 
are  divided  in  sentiment  or  as  to  policy  in  this  matter  the 
solution  of  our  difficulties  will  be  postponed  and  disaster 
may  follow'.  The  States  immediately  interested  including 
Arizona  and  New  Mexico,  number  about  a  dozen.  The  pop- 
ulation of  these  States  does  not  exceed  greatly  that  of  the 
State  of  New  York.  The  representation  in  the  Senate  from 
our  Western  mining  States  and  Territories  is  only  twenty 
and  in  the  House  of  Eepresentatives  about  the  same.  If  we 
are  to  secure  a  right  hearing  and  just  treatment  of  the  sub- 
ject by  Congress,  the  utmost  harmony  must  exist  between 
the  various  Western  States  and  Territories  and  their  repre- 
sentatives. 

In  closing  permit  me  to  express  the  hope  that  this  Con- 
gress will  prove  the  beginning  of  a  movement  which  will 
lead  to  the  formation  of  a  consistent,  wise  and  just  plan  of 
conservation,  which  will  be  adopted  by  our  Western  States 
with  such  unanimity  and  enthusiasm  and  with  such  a  spirit 
of  fairness,  tolerance  and  good  will  towards  the  people  of 
the  East  that  it  will  meet  as  it  deserves  with  the  approba- 
tion of  Congress  and  the  nation. 


Conservation. 

BY  GOVERNOR  ADOLPH  O.   EBERHARDT  OF  MINNESOTA. 

The  conservation  of  natural  resources  does  not  consist 
merely  in  the  preservation  of  these  resources  for  the  benefit 
of  future  generations,  but  rather  such  present  use  thereof  as 
will  result  in  the  greatest  general  good  and  yet  maintain 
that  productive  power  which  insures  continued  future  enjoy- 
ment. While  it  is  true  that  exhaustible  resources  like  min- 
eral wealth  cannot*  be  conserved  for  both  future  and  present 
use,  except  by  economic  regulations  and  the  prevention  of 
wasteful  methods,  conservation  deals  with  their  distribution 
in  such  a  way  as  to  prevent  their  control  by  grasping  cor- 
porations'and  individuals,  who  would  monopolize  them  for 
their  own  exclusive  benefit  at  the  expense  of  the  general 
public.  rr 

It  follows  necessarily  that  any  theory  of  conservation 
which  does  not  provide  for  the  present  as  well  as  the  future 
does  not  cover  the  entire  field,  and  cannot  possibly  bring 
the  best  results.  From  every  economic  standpoint  it  is  de- 
sirable, that  the  present  generation  should  be  preferred, 
since  the  future  discoveries  and  inventions  may  render  pres- 
ent resources  of  less  value  and  importance  to  the  coming 
generations. 

In  its  broadest  sense  the  conservation  movement  is  not 
limited  merely  to  the  consideration  of  natural  resources. 
Every  great  convention  called  to  consider  the  problems  in- 
volved has  widened  the  scope  of  the  movement  so  that  today 
it  includes  the  elimination  of  wasteful  methods  in  almost 
every  field  of  human  activity,  and  the  conservation  of  all 
human  endeavor,  so  as  to  confer  on  all  mankind  the  greatest 
blessings  that  a  bounteous  nature  and  twenty  centuries  of 
enlightment  can  bestow. 

Every  consideration  of  natural  resources  for  the  pur- 
pose of  eliminating  wasteful  methods,  preserving  and  in- 
creasing productive  power,  as  well  as  regulating  operation 


CONSERVATION.  303 

and  control,  has  for  its  ultimate  object  the  conservation  of 
human  energy,  health  and  life,  the  securing  of  equal  oppor- 
tunities for  all,  and  such  dissemination  of  knowledge  as  will 
guarantee  the  continual  possession  and  enjoyment  of  these 
blessings.  The  subjects  for  consideration  by  this  Congress 
should,  therefore,  include  not  only  the  restoration  and  in- 
crease of  soil  fertility,  the  protection  and  development  of 
forests,  mines  and  waterpowers,  the  reclamation  of  arid  and 
swamp  lands  by  irigation  and  drainage,  the  forestation  of 
areas  unsuited  to  farming,  the  control  of  rivers,  of  reservoirs 
so  as  to  prevent  flooding,  as  well  as  the  elimination  of  waste 
in  the  use  of  these  resources,  but  also  the  problems  of  public 
comfort,  health  and  life  that  are  so  intimately  connected 
with  all  material  and  intellectual  development.  Many  of 
these  questions  will  concern  home  attractions  and  manage- 
ment, industrial  education  in  the  public  schools,  public 
highways,  State  advertising  and  settlement,  pure  food,  pub- 
lic health  and  sanitation. 

By  far  the  most  important  of  all  natural  resources  is  the 
soil,  and  the  maintenance  and  increase  of  its  fertility  must, 
therefore,  be  given  the  greatest  consideration.  As  long  as 
food  is  necessary  to  human  life,  agriculture  must  continue 
to  be  the  most  vital  industry  of  man,  and  the  farm  will  be 
the  most  general  and  indispensable  theatre  of  his  activity. 
We  must  have  manufactures,  art,  schools,  churches  and  gov- 
ernment to  round  out  our  sphere  of  civilized  existence,  but 
the  foundation  of  them  all  is  the  farm.  From  the  earth  come 
all  the  materials  for  manufactures,  the  commodities  of  com- 
merce, and  ultimately  the  support  of  all  human  institutions. 
During  the  half  century  just  passed  our  country  has  devoted 
its  energies  to  the  development  of  manufacturing  and  com- 
mercial industries  to  such  an  extent  that  the  scientific  meth- 
ods of  agriculture  necessary  to  insure  not  only  the  perman- 
ency of  our  institutions  but  the  very  existence  of  human  life 
itself  have  been  comparatively  neglected.  The  pendulum  is 
now  swinging  back  to  the  farm,  and  our  great  nation  is  be- 
coming aroused  to  the  fact  that  its  most  vital  concern  is  the 
elimination  of  soil  waste,  the  promotion  of  scientific  meth- 
ods of  agriculture,  and  the  conservation  of  that  soil  fertility 


304  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

which  is  the  foundation  of  our  entire  social,  political  and 
commercial  superstructure. 

This  new  birth  of  agricultural  progress  comes  at  a  most 
psychological  moment.  We  have  developed  American  man- 
ufactures until  the  $16,000,000,000  product  of  our  mills  and 
factories  exceeds  that  of  Germany,  France,  and  the  United 
Kingdom  combined.  We  have  built  railroads  by  liberal 
public  and  private  enterprise,  until  the  United  States  has 
about  one-half  of  all  the  railway  mileage  and  tonnage  of  the 
world.  We  .have  developed  banking  enterprises  and  home 
trade,  until  we  have  the  greatest  banking  power  on  earth, 
and  an  internal  commerce  which  far  exceeds  the  entire  for- 
eign commerce  of  the  globe.  We  have  become  the  model  of 
the  world  in  our  free  public  schools  and  our  republican  form 
of  government.  But  while  we  have  demonstrated  the  pos- 
session of  the  greatest  agricultural  resources  on  the  globe 
and  have  heretofore  supplied  the  world's  markets  with  an 
unparalleled  volume  of  farm  products,  we  have  wasted  a 
wealth  that  would  maintain  our  population  for  centuries. 
The  loss  in  farm  values  in  nearly  all  of  the  older  states,  as 
shown  by  the  census  records  from  1880  to  1900,  varies  from 
$1,000,000  to  $160,000,000  in  each  State  and  aggregates  the 
enormous  total  of  more  than  $1,000,000,000.  Is  this  not  suf- 
ficient to  arouse  the  entire  nation  and  cause  such  a  wave 
of  reform  as  will  put  into  activity  every  agency  and  instru- 
mentality for  scientific  and  progressive  methods  of  agricul- 
tural reconstruction? 

The  unprecedented  agricultural  growth  of  the  United 
States,  in  spite  of  wasteful  methods,  has  been  caused  by  the 
extraordinary  fertility  of  its  virgin  soil,  the  great  induce- 
ment offered  by  states  and  nation  to  promote  settlement 
and  cultivation,  the  rapid  growth  of  favorable  transporta- 
tion facilities,  as  well  as  the  great  demand  for  agricultural 
products  resulting  from  the  rapid  increase  of  population, 
wealth  and  commercial  enterprise. 

Drainage,  farm  settlement,  good  roads,  forestry,  trans- 
portation, industrial  education,  minerals,  cheap  heat  and 
power  resources  are  all  important  factors  in  the  conserva- 
tion movement.  Minnesota  has  successfully  drained  about 


CONSERVATION.  305 

3,000,000  acres  in  the  northern  part  of  the  state  at  an  aver- 
age cost  of  two  dollars  per  acre  and  converted  into  meadows, 
grain  and  clover  fields,  celery  and  cranberry  gardens,  what 
only  a  year  or  two  since  was  a  rough  wilderness.  Every 
State  should  have  some  effective  way  of  making  these  re- 
sults known  to  prospective  settlers  through  exhibits  and 
judicious  advertising.  No  State  officer  is  in  a  position  to 
bring  greater  returns  to  the  State  than  the  immigration  com- 
missioner, and  it  is  to  be  regretted  that  his  work  is  so  often 
crippled  by  lack  of  sufficient  appropriations. 

In  marketing  produce,  distributing  material,  fertilizer, 
and  machinery,  the  farmers  of  Minnesota  haul  annually  ap- 
proximately 20,000,000  wagon  loads.  Averaging  the  cost 
of  each  load  over  mostly  unimproved  roads  at  $1.50,  the  cost 
of  highway  transportation  in  the  State  aggregate  $30,000,- 
000.  Most  experts  claim  that  uniformly  good  roads  would 
reduce  this  cost  one-half,  but  conceding  for  the  sake  of 
argument  that  the  reduction  would  be  only  a  third,  the  net 
saving  to  the  farmers  of  the  State  in  one  year  would  be 
about  $10,000,000.  However,  this  is  not  the  most  important 
result.  The  building  of  good  roads  would  build  up  farm  in- 
ter-communication and  promote  the  consolidation  of  rural 
school  districts  by  making  it  possible  to  carry  the  pupils  at 
all  seasons  of  the  year  some  distance  over  country  roads  to 
the  school  at  a  minimum  cost. 

Several  of  the  North  Central  border  states  were  the 
chief  shippers  of  lumber  only  a  few  years  ago.  Now  our 
great  forests  are  largely  depleted  and  scientific  reforesta- 
tion has  become  an  absolute  necessity.  One  of  the  most  im- 
portant duties  the  States  as  well  as  the  Nation  have  to  per- 
form is  the  transformation  of  this  vast  stumpage  area  into 
forests  and  farms.  Practical  and  scientific  reforestation 
should  convert  the  lands  unsuited  for  farming  into  forests 
so  that  every  acre  would  produce  revenue  and  furnish  some 
necessity  of  life.  The  dry  season  of  1910  has  particularly 
emphasized  another  important  duty  in  this  connection,  and 
that  is  the  protection  of  our  forests  and  settlers  from  fires. 
It  is  a  well  known  fact  that  enough  timber  has  been  de- 
stroyed by  fire  within  the  last  four  months  to  pay  for  the 


306  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

adequate  protection  of  all  our  forests  for  a  period  of  ten 
years  or  more,  not  to  mention  the  great  loss  of  human  life, 
which  in  itself  imposes  upon  the  States  and  Nation  the  duty 
of  protection.  This  Congress  should  be  instrumental  in 
stirring  public  sentiment  to  such  an  extent  that  the  various 
legislatures  and  congress  take  immediate  steps  to  stop  this 
needless  and  expensive  waste. 

Nature  has  endowed  Minnesota  with  unlimited  mineral 
resources  and  our  State  now  produces  over  one-half  of  the 
iron  ore  in  the  United  States,  and  one-fourth  of  that  of  the 
world.  Since  the  first  mine  was  opened  25  years  ago,  the 
shipments  of  iron  ore  up  to  December  last  year,  have  been 
approximately  225,000,000  tons.  The  ore  in  sight  at  the  de- 
veloped mines  is  now  estimated  at  1,500,000,000  tons,  or 
about  seven  times  the  total  amount  already  mined.  In  the 
meantime,  new  ranges  and  mines  are  being  discovered  and 
developed,  and  the  resources  of  the  undeveloped  properties 
are  held  to  be  enormous.  Our  State  school  fund  has  already 
realized  about  $21,000,000  from  the  proceeds  of  land,  and  it 
is  safe  to  predict  that  in  the  near  future  valuable  mineral 
deposits  and  timber  sales  will  raise  this  income  to  $100,000,- 
000.  An  extensive  steel  plant  is  now  in  course  of  construc- 
tion at  Duluth,  which  in  the  near  future  will  make  Min- 
nesota as  famous  in  iron  and  steel  manufacture  as  in  the  pro- 
duction of  iron  ore.  It  is  found  that  coal  for  coking  can 
be  hauled  to  the  lower  lake  furnaces.  In  addition  thereto, 
peat  and  water-power  resources,  as  well  as  important  trans- 
portation advantages  will  co-operate  in  making  this  Min- 
nesota port  one  of  the  greatest  centers  for  the  manufacture 
and  distribution  of  iron  and  steel.  No  State  in  the  Union 
could  profit  more  from  the  development  of  waterway  trans- 
portation than  Minnesota.  The  canalization  of  the  Missis- 
sippi river  system  of  16,000  miles  and  its  connection  with 
the  Great  Lakes  would  bring  together  the  100,000,000  tons  of 
bituminous  coal  produced  in  Arkansas,  Illinois,  Indiana, 
Iowa,  Kansas,  Kentucky,  Missouri  and  Tennessee,  and  the 
iron  ore  of  Minnesota,  so  as  to  produce  in  the  Mississippi 
Valley  the  greatest  iron  and  steel  industries  of  the  world. 


CONSERVATION.  307 

Since  mineral  wealth  is  exhaustible,  it  follows  that  the 
interest  of  the  people  in  this  important  resource  should  be 
guarded  against  the  encroachments  of  greed  with  the  ut- 
most care. 

No  commercial  Nation  can  long  retain  supremacy  un- 
less it  has  unlimited  supplies  of  cheap  heat  and  power.  In 
the  north  central,  border  States  are  located  peat  deposits 
that  should  furnish  cheap  heat  and  power  for  untold  genera- 
tions, Minnesota  alone  possessing  more  than  1,000,000  acres; 
and  as  the  source  of  the  three  great  watersheds  of  the  coun- 
try with  an  elevation  of  about  1,500  feet  over  sea  and  gulf 
level,  there  is  an  abundance  of  waterpower  to  turn  the  wheels 
of  manufacture  and  commerce. 

Time  will  not  permit  any  consideration  of  the  strictly 
human  side  of  conservation.  We  have  saved  millions  of  dol- 
lars annually  by  guarding  against  plant  and  animal  disease 
and  are  just  beginning  to  take  note  of  the  untold  millions 
wasted  every  month  through  neglect  of  preventable  and  car- 
able  disease,  impure  foods,  defective  sanitation  and  health 
inspection  in  homes  and  schools,  unsuitable  playgrounds 
for  children  and  the  lack  of  safeguards  against  railway, 
mine  and  factory  accidents,  all  of  which  come  properly 
within  the  conservation  scope. 

The  splendid  progress  made  by  Minnesota  and  other 
States  merely  emphasizes  the  importance  of  the  conservation 
movement.  Warned  by  the  decay  of  older  nations,  we  must 
act  before  the  crisis  of  exhausted  natural  resources  reaches 
our  Nation  and  commonwealth.  Indeed  warned  by  signs 
that  are  only  too  plain  in  our  own  midst,  we  must  take  de- 
cisive action  without  delay.  Fortunately,  we  have  passed 
the  pioneer  stage  of  development.  Our  Nation  and  common- 
wealths have  all  experienced  many  of  the  disasters  resulting 
from  the  skimming  of  natural  resources.  Having  discov- 
ered the  vast  mines  of  wealth  which  surround  us  every- 
where, we  must  now  and  forever  determine  that  ignorance, 
selfishness  and  greed  shall  no  longer  control  our  govern- 
ments and  exhaust  our  resources. 

The  problems  before  us  are  not  merely  of  tremendous 
importance,  but  they  are  also  difficult  as  to  solution.  They 


308  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

frequently  involve  sharply  conflicting  claims  and  interests 
as  between  the  Nation  and  the  various  commonwealths. 
Every  State  as  well  as  the  Nation  itself  should  have  a  dis 
tinct  and  separate  department  empowered  to  deal  with  all 
these  problems.  It  matters  but  little  how  it  should  be  des- 
ignated., though  it  would  serve  all  purposes  best  to  be  known 
as  a  conservation  commission. 

But  it  is  of  vital  importance  that  the  commission  should 
be  given  sufficient  authority  and  funds  so  as  to  enlist  the 
strongest  and  best  men  in  the  conservation  service.  That 
such  commissions  would  have  sufficient  work  and  that  from 
an  economic  standpoint  they  would  constitute  good  invest- 
ments, there  is  and  can  be  no  question. 


True  Conservation  and  Its  Relation  to  the  National  Govern- 
ment As  a  Landlord. 


BY  CHARLES  F.  POTTER,  DENVER,  COLO. 

That  there  is  nothing  new  under  the  sun  is  an  old  and 
trite  saying,  and  the  wave  of  so  called  reform  under  a  ban- 
ner inscribed  with  the  word  ' '  conservation, ' '  is  but  the  rep- 
etition of  a  subject  as  old  as  the  world. 

Noah  was  a  conservationist.  By  his  wisdom  and  fore- 
sight he  preserved  to  the  world  the  beginnings  of  all  things 
now  in  existence.  The  old  ark  would  have  little  standing 
in  the  commerce  of  the  present  day,  but  it  held  within  its 
confines  the  results  of  the  greatest  victory  conservation  has 
ever  known. 

True  conservation  does  not  mean  non-use  or  the  stor- 
ing up  of  the  things  of  this  generation  for  the  possible  needs 
and  demands  of  some  future  generation.  True  conserva- 
tion in  its  highest  and  best  sense  means  the  beneficial  use  of 
what  nature  has  provided,  at  the  present  time  for  the  pres- 
ent generation  without  waste,  so  as  to  meet  the  needs  of 
mankind  in  the  great  battle  of  life. 

The  Assyrians  were  conservationists,  who  conserved 
and  utilized  the  waters  of  their  land,  and  by  means  of  en- 
gines, operated  by  hand,  irrigated  their  fields  and  brought 
their  crops  to  maturity. 

The  Babylonians  were  conservationists;  they  inter- 
sected many  parts  of  their  land  with  canals,  some  of  them 
large  enough  for  navigation,  carrying  water  from  the  river 
Euphrates  and  Tigris  to  all  parts  of  the  Babylonian  terri- 
tory; and  Herodotus,  the  father  of  History,  tells  us  that  by 
a  wise  plan  of  conservation,  the  Babylonian  fields  were 
made  so  fruitful  that  they  yielded  even  three  hundred  fold 
through  the  wisdom  and  foresight  of  the  Babylonian  toilers. 
Even  the  plan  of  National  Control  over  the  natural  re- 
sources of  the  country  and  the  exaction  of  tribute  money 
from  the  citizens  was  first  thought  of  and  put  into  execution 


310  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

%. 

so  far  back  in  ancient  history  that  the  gentlemen,  who  now 
claim  to  be  the  originators  of  this  so  called  new  doctrine  of 
conservation  and  tribute  paying,  should  be  ashamed  to 
claim  that  distinction. 

History  tells  us  that  in  Asia,  long  before  the  dawn  of 
modern  civilization  the  Parthinians  and  four  other  Asiatic 
tribes  had  developed  their  lands  to  a  high  state  of  cultiva- 
tion by  plans  of  irrigation  and  the  use  of  the  waters  flowing 
from  the  great  river  called  Aces;  but  the  Persians  as  a  con- 
quering host  swept  down  upon  these  tribes  of  Asia  and  by 
order  of  the  King  caused  the  clefts  of  the  mountains  through 
which  the  water  flowed  to  be  blocked  up.  And  this,  we  are 
told,  he  did  for  the  purpose  of  exacting  large  sums  of  money 
as  tribute  from  the  people  before  the  waters  were  again 
allowed  to  flow  upon  the  parched  and  arid  land.  In  other 
words,  the  sovereign  power  exercised  its  sovereign  will,  to 
make  the  people  payers  of  tribute,  before  they  were  allowed 
to  enjoy  the  fruits  of  their  own  labor,  in  the  conservation  of 
the  natural  resources  of  the  land  in  which  they  lived. 

Conservation  of  the  natural  resources  received  atten- 
tion in  the  history  of  the  English  people  very  early  in  the 
affairs  of  that  nation;  and  we  find  in  English  history  the 
first  well  defined  plans  for  the  creation  of  forest  reserves. 

When  William,  the  Conqueror,  by  fortune  of  war,  sat 
upon  the  throne  of  England,  he  conceived  a  happy  thought, 
one  which  has  been  proclaimed  from  one  end  of  this  land  to 
the  other  as  the  only  Simon-pure  copyrighted  idea  of  the 
modern  apostles  of  conservation,  and  while  the  methods  of 
King  William  were  more  drastic  in  effect  that  the  methods 
of  today,  we  find  some  similarity  in  the  principle  of  forest 
conservation  at  that  time  and  the  present. 

When  King  William  turned  his  attention  to  establishing 
forest  reserves,  he  found  many  villages,  with  happy  and 
contented  people,  who  were  utilizing  aid  'conserving  the  na- 
tural resources  of  the  land,  and  thereby  making  a  liveli- 
hood for  themselves  and  their  families.  He  set  a  Lord  Chief 
Forester  over  all;  he  drove  out  the  people;  destroyed  their 
villages;  tore  down  their  churches;  and  enacted  laws  which 
were  written  into  the  Use  Book  of  that  day  declaring  that 


TRUE  CONSERVATION  AND  THE  GOVERNMENT.     311 

the  forest  belonged  to  the  sovereign  power  of  the  King,  and 
he  who  sought  to  enter  therein  should  pay  tribute  to  the 
kingly  representative  of  that  kingly  nation,  or  be  punished 
with  death. 

Thus  we  have  the  establishment  of  the  first  forest  re- 
serves, the  withdrawal  of  public  lands  from  settlement  or 
use  by  the  people  without  the  consent  of  the  people.  A 
spirit  of  conservation,  but  not  true  conservation,  a  spirit 
fraught  with  death  and  destruction,  a  menace  to  the  life 
and  liberties  of  the  people,  a  burden  which  multiplied  and 
grew  so  burdensome  that  when  the  Declaration  of  Eights  of 
the  English  people  was  made  manifest  in  the  Magna  Charta, 
the  iniquitous  forest  reserves  were  abolished,  and  the  right 
of  the  people  to  settle  upon  the  lands  which  rightfully  be- 
longed to  them  and  to  develop  the  natural  resources,  which 
had  been  generously  provided  by  a  wise  Creator  in  their 
behalf,  were  pronounced  in  the  following  terms: 

"All  forests  that  have  been  made  forests  in 
our  time  shall  forthwith  be  disforested;  and  the 
same  shall  be  done  with  the  water  banks  that  have 
been  fenced  in  by  us  in  our  time. 

"All  evil  customs  concerning  forests,  war- 
rens, foresters  and  warreners,  sheriffs  and  their 
officers,  rivers  and  their  keepers,  shall  forthwith 
be  inquired  into  in  each  county,  by  twelve  sworn 
knights  of  the  same  shire,  chosen  by  creditable  per- 
sons of  the  same  county;  and  within  forty  days  af- 
ter the  said  inquest,  be  utterly  abolished,  so  as 
never  to  be  restored;  so  as  we  are  first  acquainted 
therewith,  or  our  justiciary,  if  we  should  not  be  in 
England." 

From  time  to  time  in  England  at  later  dates  in  the  ex- 
ercise of  the  so  called  kingly  prerogative  the  rights  of  the 
people  were  trampled  upon  until  in  the  time  of  Edward, 
the  I,  the  evil  of  forest  reserves  had  reached  such  a  point 
of  oppression  against  the  common  people  that  they  rose  en 
masse  and  compelled  him  to  reaffirm  and  re-enact  the  for- 
mer laws  and  to  turn  back  again  to  the  people  the  public 


312  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

lands,  which  he  and  his  kingly  ancestors  had  lawlessly 
seized  upon  and  created  into  national  forests. 

Other  nations  of  Europe  have  felt  from  time  to  time  the 
evil  effects  of  a  centralizing  power  concentrating  under  the 
dominion  of  one  individual  or  one  department  vast  areas  of 
public  lands,  which  have  been  used,  not  for  the  best  inter- 
ests of  the  people,  not  under  any  plan  of  true  conservation, 
but  as  a  yielding  plan  of  oppression  to  exact  tribute  for  the 
misuses  of  profligate  royal  families. 

As  early  as  the  Sixteenth  Century  we  hear  of  a  "  timber 
scare. "  John  Manwood,  an  Englishman,  published  in  Lon- 
don during  that  century  a  book  relating  to  the  establishment 
of  forest  reserves;  and  tells  us  something  about  the  efforts 
made  to  preserve  the  timber  and  the  contempt  with  which 
many  of  the  inhabitants  of  England  viewed  the  forest  re- 
serves laws  at  that  time.  He  says;  that  the  woods  and  tim- 
ber tree  within  the  forests  should  be  especially  preserved 
to  be  in  readiness  when  the  king  shall  have  need  of  them, 
for  the  slender  and  negligent  execution  of  the  forest  laws 
had  caused  the  destruction  of  many  deer  and  great  quanti- 
ties of  wood  and  timber,  and  furthermore  the  want  of  the 
execution  of  the  forest  laws  had  caused  them  to  grow  into 
contempt  with  many  inhabitants;  and  the  forests  were  in 
danger  of  greater  damage  and  injury  from  the  people. 

So  we  see  that  forest  reserves  in  their  relation  to  the 
conservation  question  present  no  new  subjects  for  considera- 
tion. It  is  all  part  of  an  old,  old  story  told  over  again  and 
again  in  the  history  of  the  world.  There  is  not  a  man  within 
the  sound  of  my  voice  who  does  not  believe  in  true  conser- 
vation, there  is  not  an  intelligent  business  man  in  these 
United  States,  who  does  not  seek  to  practice  from  day  to 
day  in  his  business  the  principles  of  true  conservation.  We 
all  seek  to  conserve  that  which  we  have  and  to  bring  about 
the  greatest  profit  and  the  greatest  good  from  the  things 
in  which  we  are  dealing  whether  they  be  the  natural  re- 
sources of  the  country  or  the  manufactured  products 
brought  forth  through  the  ingenuity  of  mankind. 

Not  an  idea  has  been  advanced  in  the  present  day  con- 
servation question,  or  in  the  presentation  thereof  by  the 


TRUE  CONSERVATION  AND  THE  GOVERNMENT.  313 

Apostles  of  conservation,  which  has  not  been  made  the  sub- 
ject of  serious  thought,  consideration  and  action  by  the 
legislatures  of  our  states,  and  in  many  cases  the  higher 
principles  of  true  conservation  are  embraced  within  the 
tenets  of  our  State  Constitutions. 

As  applied  to  mining  and  to  the  production  and  use  of 
minerals  of  all  kinds,  whether  it  be  the  precious  metals  or 
the  fuel  products,  the  question  of  conservation  demands  our 
serious  consideration.  The  miner  has  always  been  the  pio- 
neer; he  has  blazed  the  trail  and  established  all  the  paths  of 
civilization  in  this  country  of  ours  west  of  the  Original 
Thirteen  States;  he  has  been  the  fore-runner  of  the  rail- 
roads; and  has  established  the  settlements  which  brought 
the  railroads  into  our  Western  country;  he  has  made  pos- 
sible the  settlement  of  the  valleys  and  plains  by  the  agri- 
culturist and  the  stock-raiser;  and  has  made  a  profitable 
market  for  their  products.  By  his  industry  and  energy  he 
has  saved  this  nation  time  and  again  from  financial  panic 
and  distress;  he  has  added  billions  of  dollars  of  wealth  to 
the  world  without  taking  a  dollar  of  it  from  his  fellow  man. 
He  has  builded  the  foundations  of  many  cities,  and  reared 
above  such  foundations  the  spires  and  domes  of  prosperity, 
which  today  would  have  no  existence,  were  it  not  for  the  in- 
dustry and  labor  of  the  miner.  He  had  paid  either  directly 
or  indirectly  a  large  proportion  of  the  taxes  which  have 
maintained  for  many  years  some  of  the  most  important  com- 
monwealths of  our  country.  And  the  products  of  his  labor 
turn  the  wheels  in  all  the  marts  of  industry  from  one  end  of 
our  country  to  the  other.  The  products  brought  forth  from 
the  bowels  of  mother  Earth  by  the  miner  who  seeks  the 
precious  metals  will  not  burn  up,  cannot  be  destroyed,  and 
will  remain  a  lasting  monument  to  his  honor  and  glory  un- 
til the  end  of  time.  The  products  brought  forth  by  the 
miner  of  industrial  metals  makes  possible  the  habitation  of 
man  upon  the  earth  and  carries  the  commerce  of  the  world. 
The  products  brought  forth  from  the  fuel  producing  mines 
are  consumed  but  in  their  consumption  {hey  add  glory  and 
wealth  to  the  world's  industries,  and  through  the  ingenuity 
of  man,  crown  the  glory  of  commercial  success. 


314  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

And  now  let  us  see  what  the  modern  apostles  of  conser- 
vation seek  to  do  for  the  benefit  of  the  miner  by  national 
legislation. 

In  an  address  delivered  at  St.  Paul  Minnesota  at  the 
time  of  the  meeting  of  the  National  Conservation  Congress, 
the  former  Chief  Forester  of  the  United  States  in  preaching 
the  Gospel  of  Conservation  said: 

"As  to  our  minerals,  those  still  remaining  in 
Government  ownership  should  not  be  sold,  but 
should  be  leased  upon  terms  favorable  to  their  de- 
velopment. ' ' 

This  doctrine  I  maintain  is  an  unwise  one ;  it  is  opposed 
to  the  best  interests  of  the  American  people;  it  is  against 
the  doctrines  and  principles  of  an  enlightened  nation,  es- 
tablished under  a  democratic  form  of  government.  It  is  a 
doctrine  unnecessary  in  any  plan  of  conservation  and  bears 
no  relation  to  the  subject  of  true  conservation. 

Under  the  existing  mining  laws,  which  allow  the  miner 
to  secure  from  the  government  a  fee  simple  title,  millions 
of  dollars  have  been  invested  in  the  mining  industry  and 
great  cities  and  states  have  been  built  up  and  peopled  by 
industrious,  energetic  citizens. 

This  proposed  plan  of  making  the  miner  a  tenant  of 
and  tribute  payer  to  the  national  government,  while  having 
no  part  in  any  plan  of  true  conservation,  is  not  a  new  idea 
in  the  history  of  this  government.  It  will  perhaps  be  inter- 
esting for  us  to  review  the  history  of  mining  upon  public  do- 
main, particularly  with  reference  to  the  lease-hold  question. 

In  the  early  days  of  our  nation  our  law  makers  had 
naught  to  guide  them  but  the  experiences  and  laws  of  for- 
eign empires  and  monarchies.  When  they  turned  to  Europe 
for  guidance  they  found  many  expressions  of  sovereign 
power  and  the  principles  of  regalian  ownership  which  per- 
vaded the  entire  system  of  the  law  in  Continental  Europe, 
with  the  single  exception  of  Eussia.  Continental  Europe 
had  in  its  turn  sought  precedent  among  the  laws  of  the 
Romans  and  Athenians,  where  regalian  rights  were  exer- 
cised, where  the  mines  were  worked  under  the  constant  sur- 


TRUE  CONSERVATION  AND  THE  GOVERNMENT.     315 

veillance  of  public  officers,  on  condition  of  paying  to  the 
sovereign  power  one-tenth  of  all  the  miner  produced. 

This  principle  of  national  ownership  of  mines,  at  least 
those  of  precious  metals,  has  prevailed  to  greater  or  less 
extent  in  the  history  of  all  monarchies  and  empires,  where 
the  principle  thought  of  the  reigning  power  has  been  to  ex- 
act tribute  from  the  common  citizen;  for  the  maintenance 
of  a  centralizing  power  and  in  a  measure  to  impress  upon 
the  citizens  the  importance  of  a  kingly  prerogative. 

While  Eussia  does  not  assume  to  exercise  regalian  con- 
trol, or  ownership  of  mines,  it  has  established  a  system  of 
taxation,  rigorous,  expensive,  exacting  and  oppressive.  Each 
miner  is  permitted  to  search  for  minerals,  to  work  the  mines, 
and  to  assign  to  others  the  right  to  work  them,  but  the  gov- 
ernment exercises  a  supervisory  control  over  the  work  and 
collects  exorbitant  tribute. 

Under  the  principles  of  the  Civil  law  the  ownership  of 
all  lands  was  vested  in  the  State,  and  all  the  mines  of  gold 
or  silver  in  public  lands  belonged  to  the  State  or  Sovereign 
as  a  part  of  its  patrimony.  Naturally,  therefore,  the  sys- 
tems of  Continental  Europe  followed  the  principles  of  the 
Civil  law. 

By  the  rule  of  the  Common  Law  of  England,  which  be- 
came the  established  law  of  our  Country  by  adoption,  the 
owner  of  the  soil  owns  all  beneath  it.  In  England,  however, 
they  have  what  are  known  as  "Eoyal  Mines,"  being  mines 
of  gold  and  silver  which  are  the  exclusive  property  of  the 
Crown. 

In  many  of  the  royal  grants  to  the  Colonies,  forming 
the  Original  Thirteen  States,  there  was  reserved  a  fixed 
proportion  of  all  the  royal  metals  discovered.  And  when 
early  in  the  history  of  our  nation  Congress  was  confronted 
with  the  problem  of  dealing  with  the  mining  interests,  we 
are  not  surprised  that,  having  before  it  the  example  of  Con- 
tinental Europe,  the  Eoyal  Mines  of  England  and  the  res- 
ervations of  Eoyalties  contained  in  the  grants  to  the  Col- 
onies, it  should  attempt  to  establish  a  leasing  system  and 
thereby  compel  the  citizens  of  a  free  and  enlightened  re- 
public to  pay  tribute  to  the  nation. 


316  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

In  the  ordinance  of  May  20,  1785,  for  the  disposal  of 
lands  in  the  Western  territory,  it  was  ordered  that  there 
shall  be  reserved, 

"One-third  part  of  all  gold,  silver,  lead  and 
copper  mines  to  be  otherwise  disposed  of  as  Con- 
gress shall  hereafter  direct." 

The  mineral  resources  of  our  country  were,  at  that  time, 
little  known.  The  precious  metal  regions  had  not  yet  been 
discovered.  The  lead  and  iron  territories  of  the  Mississippi 
region  were  almost  entirely  within  the  domain  of  France 
and  Spain.  The  copper  region  of  Lake  Superior  had  by 
treaty  with  Great  Britain  come  into  possession  of  the  United 
States;  and  the  reserving  clause,  which  I  have  quoted  above, 
shows  how  little  the  Congress  of  the  United  States  knew  at 
that  time  of  the  possibilities  of  this  great  country  in  its  min- 
eral wealth;  and  indicates  also  an  existing  doubt  as  to  the 
policy  of  the  government  when  disposing  of  its  mineral 
lands. 

On  March  3,  1807,  an  Act  for  the  sale  of  certain  lands, 
now  embraced  within  the  states  of  Ohio  and  Indiana,  pro- 
vided that  lead  mines  might  be  leased  by  the  President  of 
the  United  States  for  a  term  not  exceeding  five  years.  This 
inaugurated  the  policy  of  the  United  States  of  leasing  min- 
eral lands. 

From  time  to  time,  as  the  country  was  slowly  devel- 
oped, our  law-makers  felt  their  way  carefully  along  differ- 
ent lines  of  policy,  seeking  to  determine  some  wise  plan  for 
the  best  interest  of  the  people  in  this  disposition  of  its  pub- 
lic lands,  and  with  reference  to  the  mineral  therein  con- 
tained. '  rnni| 

February  8,  1823,  -the  House  of  Eepresentatives,  by 
resolution,  asked  for  information  in  regard  to  the  mining 
regions  of  the  West.  The  President  in  reply  transmitted 
such  information  as  he,  at  that  time,  had.  This  informa- 
tion was  very  meager,  and  related  only  to  lands  containing 
iron,  copper  and  lead. 

By  Act  of  March  3,  1829,  Congress  conferred  upon  the 
President  authority  to  sell  as  other  public  lands  the  re- 


TRUE  CONSERVATION  AND  THE  GOVERNMENT.     317 

served  lead  mines  and  contiguous  lands  in  the  state  of  Mis- 
souri. This  inaugurated  the  policy  of  the  United  States  of 
selling  its  mineral  lands. 

On  February  6,  1839,  the  House  of  Representatives 
passed  the  following  resolution: 

' l  Eesolved  ,That  the  President  be  requested  to 
cause  to  be  prepared  a  plan  for  disposal  of  the  pub- 
lic lands  having  reference  as  well  to  the  amount  of 
revenue  to  be  derived  from  them,  and  their  value  as 
public  property,  as  to  the  equitable  claims  of  indi- 
viduals upon  them;  and  that  he  communicate  to 
Congress  all  the  information  in  the  possession  of 
the  Treasury  Department  relative  to  their  location, 
value,  productiveness,  and  occupancy,  and  that  he 
cause  such  further  information  to  be  collected  and 
surveys  to  be  made  as  may  be  necessary  for  this 
purpose." 

Under  this  resolution  the  President  caused  the  terri- 
tories of  Iowa  and  Wisconsin  to  be  explored  and  the  min- 
erals already  developed  in  the  other  Mississippi  states  to 
be  examined  and  inaugurated  a  system  of  lease-hold  and 
reserved  from  sale  more  than  a  million  acres  of  public  land 
supposed  to  contain  lead  and  other  minerals.  This  system 
soon  became  obnoxious,  unsatisfactory  and  unprofitable, 
and  President  Polk,  on  December  2,  1845,  in  his  first  annual 
message  to  Congress  in  most  emphatic  language  exposed 
the  fallacy  and  uncertainty  of  a  leasing  and  withdrawal 
system,  and  demanded  a  change. 

That  part  of  the  President's  message  to  which  I  refer 
is  most  interesting  in  the  light  of  the  plans  now  proposed 
by  the  apostles  of  conservation,  and  reads  as  follows. 

"The  present  system  of  managing  the  mineral 
lands  of  the  United  States  is  believed  to  be  rad- 
ically defective.  More  than  a  million  acres  of  the 
public  lands,  supposed  to  contain  lead,  and  other 
minerals,  have  been  reserved  from  sale,  and  num- 
erous leases  upon  them  have  been  granted  to  indi- 


318  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

viduals  upon  a  stipulated  rent.  The  system  of 
granting  leases  has  proved  to  be  not  cnly  unprofit- 
able to  the  government,  but  unsatisfactory  to  the 
citizens  who  have  gone  upon  the  lands,  and  must, 
if  continued,  lay  the  foundation  of  much  future 
difficulty  between  the  government  and  the  lessees. 
According  to  the  official  record  the  amount  of  rents 
received  by  the  government  for  the  years  1841, 
1842,  1843  and  1844  was  $6,354.74,  while  the  ex- 
penses of  the  system  during  the  same  period,  in- 
cluding salaries  of  the  superintendents,  agents, 
clerks  and  incidental  expenses,  were  $26,111.11,  the 
income  being  less  than  one-fourth  of  the  expense. 
To  this  pecuniary  loss  may  be  added  the  injury 
sustained  by  the  public  in  consequence  of  destruc- 
tion of  timber  and  the  careless  and  wasteful  man- 
ner of  working  the  mines.  The  system  has  given 
rise  to  much  litigation  between  the  United  States 
and  individual  citizens,  producing  irritation  and 
excitement  in  the  mineral  region  and  involving  the 
government  in  heavy  additional  expenditure.  It 
is  believed  that  similar  losses  and  embarrassments 
will  continue  to  occur  while  the  present  system  of 
leasing  these  lands  remains  unchanged.  These 
lands  are  now  under  the  superintendence  and  care 
of  the  War  Department  with  thu  ordinary  duties  of 
which  they  had  no  proper  or  natural  connection. 
I  recommend  the  repeal  of  the  present  system  and 
that  these  lands  be  placed  under  the  superintend- 
ence and  management  of  the  general  land  office 
as  other  public  lands,  and  be  brought  into  market 
and  sold  upon  such  terms  as  Congress  in  their  wis- 
dom may  prescribe. " 

This  may  be  considered  a  fairly  correct  statement  of 
what  we  may  expect  if  the  government  of  the  United  States 
turns  backward  sixty-four  years  or  more  and  adopts  a  pol- 
icy with  respect  to  its  mineral  lands,  which  was  tried  and 
found  wanting. 


TRUE  CONSERVATION  AND  THE  GOVERNMENT.     319 

By  the  Acts  of  July  11,  1846,  and  March  1,  and  3,  1847, 
Congress  made  radical  changes  in  the  methods  ol  disposing 
of  mineral  lands -on  the  public  domain,  abolished  all  leases, 
as  unsatisfactory,  unprofitable,  and  dangerous  to  the  best 
interest  of  the  government  and  substituted  a  system  of  cash 
sales. 

What  was  the  result  of  this  change  in  the  policy  of  our 
national  government?  The  prospectors  and  miners  flocked 
to  the  Western  states  and  sought  for  the  precious  metals; 
they  were  no  longer  bound  by  a  law  which  made  them  ser- 
vient  tenants  of  an  exacting  landlord.  On  the  contrary,  as 
free  American  citizens,  they  could  go  upon  the  public  do- 
main, search  for,  find  and  develop  the  precious  metal  and 
other  minerals,  and  they  knew  that  if  successful  the  harvest 
would  be  their  abundant  reward  and  all  mankind  would 
profit  by  their  success. 

Within  a  year  after  Congress  had  repealed  the  leasing 
laws  John  W.  Marshall  on  January  19, 1848,  discovered  gold 
in  California.  Prior  to  this  time,  copper,  lead  and  iron  had 
been  the  minerals  for  which  the  laws  were  made;  but  now 
that  gold  had  been  actually  discovered  on  the  public  do- 
main, it  was  thought  necessary  that  new  legislation  should 
follow. 

On  the  4th  of  March,  1849,  President  Fillmore  was  in- 
augurated, and  in  his  first  annual  message  to  Congress  in 
December  of  that  year,  he  said: 

"I  also  beg  leave  to  call  your  attention  to  the 
propriety  of  extending  at  an  early  day  our  system 
of  land  laws,  with  such  modifications  as  may  be 
necessary,  over  the  State  of  California  and  the  Ter- 
ritories of  Utah  and  New  Mexico.  The  mineral 
lands  of  California  will,  of  course,  form  an  excep- 
tion to  any  general  system  which  may  be  adopted. 
Various  methods  of  disposing  of  them  have  been 
suggested.  I  was  at  first  inclined  to  favor  the  sys- 
tem of  leasing,  as  it  seemed  to  promise  the  largest 
revenue  to  the  government,  and  to  afford  the  best 


320  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

security  against  monopolies,  but  further  reflection 
and  our  experience  in  leasing  the  lead  mines  and 
selling  lands  upon  credit  have  brought  my  mind 
to  the  conclusion  that  there  would  be  great  diffi- 
culty in  collecting  the  rents,  and  that  the  relation 
of  debtor  and  creditor  between  the  citizen  and  the 
government  would  be  attended  with  many  mis- 
chievous consequences.  I  therefore  recommend 
that  instead  of  retaining  the  mineral  lands  under 
the  permanent  control  of  the  government,  they  be 
divided  into  small  parcels  and  sold,  under  such 
restrictions  as  to  quantity  and  time  as  will  insure 
the  best  price  and  guard  most  effectively  against 
combinations  of  capitalists  to  obtain  monopolies." 

The  leasing  system  has  proven  a  most  pronounced  fail- 
ure and  years  of  experience  culminating  in  the  evidence  of 
two  presidents  should  be  sufficient  to  demonstrate  the  fact 
that  further  experimenting  along  this  line  would  be  both 
unwise  and  unprofitable. 

Following  President  Fillmore's  message  several  at- 
tempts were  made  by  Congress  to  enact  mining  laws,  but 
from  1849  to  July  26,  1866,  local  usage  and  regulations 
governed  mining  camps  and  towns  and  regulated  the  size 
and  conditions  under  which  mining  claims  were  developed. 

In  1848,  when  gold  was  discovered,  the  population  of 
California  did  not  exceed  15,000.  In  1850  it  was  100,000 
and  thereafter  the  average  yearly  increase  for  five  or  six 
years  was  50,000,  There  was  no  territorial  or  Congressional 
form  of  government,  the  mining  laws  of  the  local  mining 
districts  were  sufficient,  and  during  no  similar  period  in 
the  history  of  any  part  of  the  world,  have  vast  treasure 
vaults  been  opened  up  and  millions  of  dollars  added  to  the 
wealth  of  the  world  solely  under  the  supervision  and  con- 
trol of  the  common  miner  and  prospector. 

Under  the  local  rules  and  regulations  adopted  by  the 
miner,  the  wants  and  necessities  of  a  great  industry  were 
protected  and  made  secure.  Prospectors  under  this  code 


TRUE  CONSERVATION  AND  THE  GOVERNMENT.  321 

of  laws,  with  pick,  pan  and  shovel  on  mountain  side,  on  the 
plains,  amidst  winter's  rugged  grasp  or  under  sunny  skies, 
in  the  quiet  nooks  and  flowery  ravines  of  the  lower  slopes  of 
the  Sierras,  or  on  the  shores  of  the  broad  Pacific,  were  safe 
and  secure  in  their  labor  and  toiled  on  as  safely  protected  in 
their  property  as  if  in  the  midst  of  the  highest  civilization. 

These  laws  protected  and  controlled  the  possession  and 
provided  for  the  distribution  of  hundreds  of  billions  of  dol- 
lars of  property,  and  affected  the  people  of  a  half  million 
square  miles  of  territory.  They  governed  and  controlled 
the  citizens  on  the  public  domain  in  California,  Oregon, 
Nevada,  Colorado  and  all  the  adjacent  territory  of  the  Great 
West,  and  all  this  practically  without  the  cost  of  one  dollar 
to  the  National  government. 

With  these  conditions  before  it,  Congress  could  act  with 
intelligence  in  framing  laws  and  knew  that  the  hearty  pio- 
neer could  be  depended  upon  to  govern  and  control  the 
Great  West,  free  from  exacting  conditions  of  landlordism 
or  the  obnoxious  bureaucratic  domination  of  departmental 
regulations. 

On  July  26,  1866,  after  the  prospectors  and  miners  had 
lifted  from  the  matrix  of  nature,  golden  treasures  exceeding 
in  value  one  billion  54  million  dollars,  and  had  poured  it  in- 
to the  lap  of  a  grateful  nation  by  means  of  that  much  added 
wealth  in  the  hands  of  its  citizens,  Congress  passed  a  min- 
ing law  which  declared: 

"The  mineral  lands  of  the  public  domain  are 
free  and  open  to  exploration  and  occupation  by  all 
citizens  of  the  United  States." 

The  miner  was  allowed  to  patent  his  mining  claim  and 
secure  free  title  from  the  government,  and  after  years  of  ex- 
perience the  leasing  system  was  considered  obsolete  and  un- 
worthy of  consideration,  in  dealing  with  the  mineral  lands 
of  our  country. 

Under  this  Act  of  1866,  as  amended  by  the  Act  of  1872, 
the  western  half  of  the  United  States  has  prospered  and 
grown  until  today  it  presents  an  object  lesson  of  prosperity 


322  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

otherwise  unknown  in  the  history  of  the  world,  and  offers 
still  greater  possibilities  of  development. 

To  change  all  this,  to  run  after  old  gods  in  new  dis- 
guise, to  foster  upon  the  American  people  a  system  of  ser- 
vitude and  landlordism  would  cast  a  blight  upon  the  great 
industry  and  cause  but  a  repetition  of  the  mistakes  and 
experiences  of  former  administrations  in  the  early  history  of 
mining  in  the  United  States. 

We  are  told  by  those  favoring  the  leasing  system  that 
if  such  a  system  becomes  operative,  by  the  passage  of  cer- 
tain bills  now  before  Congress  or  others  wnich  are  being 
prepared,  the  government  will  only  exact  a  nominal  tribute. 
in  fact,  only  twenty  per  cent  of  what  the  honest  miner  may 
be  able  to  take  from  the  soil  by  hard  labor  and  the  expendi- 
ture of  much  money.  No  provision  is  made  in  any  of  tne 
plans  of  the  apostles  of  so-called  conservation  to  return  to 
the  miner  any  part  of  his  losses,  they  do  not  propose  to  place 
a  National  tax  upon  the  grain  raised  by  the  farmer  or  the 
cattle  raised  by  the  stock  man.  They  do  not  propose  to  tax 
by  this  leasing  system  or  otherwise,  any  other  class  of  cit- 
izens in  the  public  land  states  except  the  miners,  and  have 
no  plan  whereby  this  tribute  system  will  be  extended  to  the 
mines  of  states  other  than  those  containing  public  land. 
They  recognize  the  fact,  that  an  attempt  to  impose  such  a 
tax  would  be  clearly  unconstitutional. 

In  the  matter  of  taxation  the  constitution  of  the  United 
States  recognizes  two  classes,  direct  and  indirect  taxes  and 
lays  down  two  rules  by  which  their  imposition  must  be  gov- 
erned, namely,  the  rule  of  apportionment  as  to  direct  taxes, 
and  the  rule  of  uniformity  as  to  duties,  imposts,  and  ex- 
cises. 

A  tribute  such  as  is  now  proposed  in  the  nature  of  a 
mineral  tax,  must  be  either  a  direct  tax  or  in  the  nature  of 
an  excise  tax.  If  a  direct  tax  it  cannot  be  levied  directly  by 
the  Federal  government  but  must  be  apportioned  among  the 
states,  leaving  each  state  to  make  the  collection,  and  such 
a  tax  should  be  apportioned  among  all  the  states. 


TRUE  CONSERVATION  AND  THE  GOVERNMENT.      323 

If  the  tax  can  be  considered  an  impost  or  excise  tax, 
then  it  must  be  levied  by  the  rule  of  uniformity  upon  every 
mine  in  the  United  States;  in  other  words  there  must  be  a 
general  excise  law  upon  the  subject. 

It  is  maintained  by  some  who  favor  the  leasing  system, 
that  the  constitutional  provision  I  have  above  referred  to, 
has  no  reference  to  the  leasing  of  the  public  domain,  and 
there  are  some  decisions  of  the-  courts  which  tend  to  sustain 
this  theory  but  however  this  may  be,  the  imposition  of  a 
leasing  tribute  upon  the  mining  industry  would  cause  at 
this  late  date,  an  unfair  and  unequal  distribution  of  the 
burdens  of  government.  Let  me  illustrate  this  fact.  One 
mining  district  in  a  state  producing  coal,  is  all  owned  by 
private  parties.  Another  coal  district  in  the  same  locality 
is  upon  public  land,  and  its  mines  are  operated  by  lessees 
of  the  government.  They  are  obliged  to  pay  the  govern- 
ment tribute  while  the  owners  of  the  other  mines,  their 
competitors  in  business  have  no  such  tribute  to  pay.  The 
competition  is  sharp,  but  the  lessee  of  the  National  govern- 
ment must  obtain  from  the  consumer  twenty  per  cent  more 
for  his  coal  in  order  to  make  the  same  percentage  of  profit 
as  his  competitor.  There  is  one  alternative  however,  which 
under  these  conditions  presents  a  solution  of  the  problem. 
That  is  combination  creating  monopoly:  As  the  consumer 
pays  the  bills,  the  two  coal  producers  harmonize  their  inter- 
ests and  instead  of  the  consumer  receiving  his  coal  at  a  fair 
market  price  he  has  to  pay  the  additional  twenty  per  cent 
tribute  and  the  producers  of  the  coal  divide  the  profits. 

Without  the  leasing  system  the  danger  of  such  com- 
binations is  much  lessened,  every  producer  being  upon  the 
same  basis,  the  chance  for  honest  competition  is  much  bet 
ter  and  the  consumer  profits  accordingly. 

There  can  never  be  under  the  proposed  leasing  system 
either  a  uniformity  or  equality  in  taxation,  the  power  to  tax 
implies  the  power  to  destroy,  the  lessee  of  the  government 
would  be  at  the  mercy  of  every  change  of  the  administra- 
tion, and  by  past  experience  we  know  that  the  terms  and  con- 


324  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

ditions  of  any  lease  promulgated  by  the  government  would 
be  exacting,  onerous  and  in  many  cases  oppressive. 

A  question  which  I  have  not  heard  discussed  in  connec- 
tion with  this  subject,  is  what  disposition  will  be  made  of 
the  tribute  money  collected  from  the  miners  and  others  if 
the  leasing  system  becomes  operative.  Since  the  creation 
of  large  reservations  upon  the  public  lands,  the  industry  of 
mining  has  been  seriously  impaired  and  prospecting  to-day 
is  out  of  date.  The  greater  part  of  the  mountainous  region 
of  the  West  where  mineral  is  most  likely  to  be  discovered, 
is  now  contained  within  the  borders  of  forest  reserves,  and 
it  is  possible,  that  this  leasing  system  may  be  aiming  at  a 
revenue  to  sustain  the  vast  empire  of  forestry.  I  am  led  to 
suggest  this  because  of  a  statement  made  by  the  president 
of  the  American  Forestry  Association  at  its  annual  dinner 
last  January.  He  said: 

"Whether  the  money  spent  to  preserve  the  for- 
ests on  the  water  sheds  of  the  Appalachians  comes 
from  an  appropriation  from  the  National  Treasury, 
or  from  the  revenues  of  the  existing  forest  reserve 
in  the  western  states,  the  East  and  South  have  the 
right  to  ask  the  same  attention  to  their  develop- 
ment, as  has  already  been  given  to  the  West. ' ' 

The  Appalachian  forest  reserve  plan  is  undoubtedly 
familiar  to  you  all,  it  provides  for  the  purchase  of  millions 
of  acres  of  land  along  the  Appalachian  ranges  near  the 
Atlantic  coast  for  the  purpose  of  creating  an  immense  for- 
est reserve.  The  estimated  cost  is  from  thirty  million  to 
one  hundred  million  dollars,  and  this  the  president  of  the 
forestry  association,  suggests  shall  be  paid  from  the  rev- 
enues of  the  western  forest  reserves.  In  this  he  has  the  sup- 
port of  those  who  are  backing  this  proposed  leasing  system. 
What  a  nice  plan  it  would  be  to  have  the  miner  and  pros- 
pector who  operate  in  the  forest  reserves  buy  this  immense 
eastern  game  preserve,  for  the  benefit  of  our  neighbors  on 
the  Atlantic  coast! 


TRUE  CONSERVATION  AND  THE  GOVERNMENT.      325 

Your  committee  on  resolutions  honored  me  by  making 
me  chairman  of  a  sub-committee,  to  take  up  and  report  to 
you,  through  the  general  committee,  resolutions  relating  to 
the  conservation  question.  Our  labors  were  not  easy,  we 
have  spent  the  greater  part  of  several  days  and  nights  in 
giving  this  question  the  closest  possible  attention  and  the 
results  of  our  labor  come  before  you  in  the  resolutions  which 
have  been  reported  favorably  by  your  committee  and  which 
are  now  before  you  for  consideration.  We  have  done  our 
best,  and  sincerely  trust  that  our  labors  have  not  been  in 
vain. 

I  take  this  means  of  thanking  my  associates  for  their 
valued  assistance  in  this  work,  and  of  thanking  the  mem- 
bers of  this  Congress  for  the  attention  they  have  given  me 
in  presenting  the  views  of  our  committee  upon  the  question 
of  conservation. 


Effect  of  the  Conservation  Policy  in  New  Mexico. 


BY  DR.  HARVEY  M.  SHIELDS,  DAWSON,  N.  M. 

Mr.  Chairman,  members  of  the  American  Mining  Con- 
gress, Ladies  and  Gentlemen:  I  feel  a  little  diffidence  in 
speaking  upon  this  matter  because  my  life  and  its  affairs 
are  not  concerned  all  the  while  with  the  practical  things 
and  the  development  along  material  lines  of  the  Territory 
of  New  Mexico.  I  wish  it  were  so  that  I  might  be  able  to 
speak  with  more  authority;  and  yet  so  deeply  am  I  inter- 
ested in  New  Mexico,  and  so  much  faith  have  I  in  its  pres- 
ent and  future  and  so  much  sense  of  gratitude  over  what  it 
has  already  achieved  that  I  surely  would  be  remiss  in  the 
performance  of  my  duty  if  I  did  not  accept  the  invitation  of 
the  Chairman  and  speak  on  behalf  of  New  Mexico,  again. 

New  Mexico  has  had  in  the  past  certain  things  that 
have  impeded  its  progress.  Perhaps  it  might  be  said  that 
the  large  Latin  element  in  the  Territory  has  not  made  for 
its  development  very  rapidly,  and  certainly  that  would  be 
the  case  when  we  think  of  development  in  Anglo-Saxon  in- 
stitutions. And  yet  today  in  New  Mexico  the  Anglo-Saxon 
people  are  in  control,  and  there  are  no  people  within  the 
confines  of  New  Mexico  who  are  more  pleased  with  this  fact 
than  the  Latin  people  themselves.  If  there  were  any  oc- 
casion for  discouragement  along  material  and  other  lines 
in  New  Mexico  on  that  account,  that  cause  is  rapidly  dis- 
appearing. 

But  there  is  another  matter  that  has  restrained  devel- 
opment in  past  years,  and  that  is  the  fact  that  for  a  long 
while  a  great  many  titles  to  property  were  not  sure,  and  I 
think  it  was  due  to  the  very  chairman  of  this  meeting  this 
afternoon  that  in  Congress  steps  were  taken  whereby  a  court 
was  established  that  could  deal  with  the  land  titles  in  the 
Territory  of  New  Mexico,  and  the  result  of  the  work  of  that 
court  has  been  the  settlement  of  the  titles  to  the  old  grants 


CONSERVATION  POLICY  IN  NEW  MEXICO.  327 

that  came  over  to  us  from  the  Mexican  government,  and  so 
no  longer  in  New  Mexico  is  there  any  danger  of  valuable 
properties  that  might  be  transferred  being  delayed  in  their 
transfer  and  their  development  retarded.  But  it  would 
seem  to  me  that  over-conservation  in  New  Mexico  just  now 
would  be  one  of  the  most  serious  things  that  could  happen. 
New  Mexico  has  depended  in  the  long  years  past,  just  as 
Arizona  has,  and  so  much  of  the  southwestern  country,  upon 
that  brave  individualist  who  was  willing  to  go  out  at  self- 
sacrifice  and  bestow  the  very  best  of  himself  to  the  search 
of  what  might  be  hidden  somewhere  in  the  heart  of  the 
land  for  the  public  welfare  and  for  the  sake  of  his  loved 
ones,  and  New  Mexico  must  for  many  years  to  come  depend 
upon  that  same  individualist,  and  I  do  not  see  how,  if  over- 
conservation  takes  place,  it  would  be  possible  for  the  ma- 
terial things  that  are  to  be  found  high  and  deep  and  broad 
in  the  great  Territory  of  New  Mexico — I  do  not  see  how  it 
would  be  possible  for  these  things  to  be  located  if  here  and 
there  and  elsewhere  throughout  the  Territory  there  should 
be  a  great  space  of  land  plastered  over  with  the  conservation 
principle.  I  do  not  wish  to  condemn  conservation  in  New 
Mexico  so  far  as  it  may  be  wise  and  sensible  and  unselfish 
and  patriotic,  but  it  seems  to  me  that  any  sort  of  conserva- 
tion in  New  Mexico  that  is  going  to  cause  any  of  the  vested 
interests  in  New  Mexico  today  to  tremble,  any  sort  of  con- 
servation in  New  Mexico  that  is  going  to  keep  the  poor  man 
from  going  to  seek  what  he  has  the  courage  and  the  brav- 
ery to  seek  and  find — that  that  sort  of  conservation  has  no 
place  in  New  Mexico  and  has  no  place  in  the  Southwest. 
(Applause.)  I  am  such  a  believer  in  American  character— 
and  I  have  been  in  America  many  years, — I  am  such  a  be- 
liever in  the  honesty  and  the  uprightness  of  the  average 
business  man  and  of  the  captain  of  industry,  and  I  am  such 
a  believer  in  the  quality  of  the  manhood  and  the  character 
and  the  patriotism  of  the  business  men  of  New  Mexico,  the 
larger  and  smaller  ones,  whom  it  has  been  my  pleasure  to 
know  somewhat  since  the  year  1878 — I  have  so  much  confi- 
dence in  the  general  character  of  the  manhood  of  the  people 


328  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

of  the  Territory  of  New  Mexico  as  to  believe  that  there  is 
not  now  any  abuse  of  the  legal  opportunities  that  have  been 
given  for  acquiring  properties  and  developing  them  along 
proper  lines,  and  I  do  not  believe,  as  I  know  the  character 
of  the  manhood  and  of  capital  in  New  Mexico,  that  itiere  is 
the  slightest  intention  of  taking  advantage  of  any  of  the 
present  laws  in  any  undue  way. 

I  happen  to  know  something  of  the  effect  of  one  of  the 
Forest  Reserves,  for  instance,  upon  those  who  have  wanted 
to  establish  homesteads  in  that  vicinage.  I  do  not  wish  to 
condemn  the  Forestry  Service.  I  believe  the  Forestry  Ser- 
vice in  this  same  Reserve  and  throughout  New  Mexico  is 
doing  splendid  work,  but  it  is  a  difficult  thing  for  a  man 
who-  is  in  a  federal  office  always  to  maintain  his  balance  and 
poise  and  not  to  assume  a  little  too  much  authority  with 
reference  to  individuals  here  and  there  who  may  be  seeking 
what  they  have  a  right  to  seek  under  the  laws  of  the  United 
States ;  and  I  know  of  one  instance  like  this,  where  a  young 
man,  with  his  life  all  before  him,  who  had  already  put  him- 
self to  considerable  expense  in  connection  with  his  home- 
stead, which  was  encircled  by  the  forest  reserve,  and  who 
had  filed  upon  this  land  before  the  forest  reserve  was  es- 
tablished— I  know  that  in  this  instance  the  various  rangers 
told  the  young  man  that  there  would  be  no  need  of  his  go- 
ing to  any  further  expense,  for  he  could  not  possibly  secure 
his  homestead. 

I  know  of  another  instance  where  a  homestead  patent 
was  withheld  for  nearly  three  years,  where  the  homestead 
was  located  in  the  heart  of  the  Forest  Reserve,  having  been 
filed  upon  before  the  reserve  was  declared,  and  there 
was  a  real  attempt  made  to  prevent  the  patent  issuing, 
though  every  provision  of  the  law  had  been  scrupulously 
and  conscientiously  carried  out.  I  do  not  know  of  any  other 
instances,  I  never  have  inquired  for  others,  but  I  know  of 
those  two  instances  where  the  forest  ranger  was  altogether 
too  officious  and  went  beyond  the  limits  of  the  duties  he 
was  appointed  to  perform ;  and  if  the  whole  country  is  filled 
up  with  unnecessary  forest  reserves,  if  it  is  made  difficult 


CONSERVATION  POLICY  IN  NEW  MEXICO.  329 

for  the  individual  to  file  upon  his  homestead,  the  effect  is 
that  in  a  large  vicinage  close  to  the  forest  reserve  the  home- 
steader is  restrained  because  he  does  not  know  when  the  for- 
est reserve  limits  will  be  extended;  and  it  is  not  merely 
within  the  limits  of  the  Forest  Eeserve  itself  that  it  is  found 
impossible  for  the  poor  man  to  find  his  home  and  develop 
some  land  or  some  property,  but  the  effect  is  that  in  con- 
tiguous territory  men  are  restrained  from  filing  for  fear 
there  will  be  a  forest  reserve  declared  eventually  and  they 
shall  have  their  time  and  trouble  and  expense  for  nothing, 
and  though  they  have  fulfilled  every  requirement  of  the  law 
there  will  be  such  delay  in  the  issuing  of  a  patent  or  such 
influence  brought  to  bear  against  the  issuance  of  a  patent 
that  the  man  becomes  completely  discouraged  and  refrains. 
These  are  only  certain  concrete  instances  I  know  of  where 
too  much  conservation  has  the  effect  of  hindering  the  de- 
velopment of  the  Territory,  of  conditions,  that  have  just  as 
much  moral  right  to  develop  today  as  the  territory  in  Mas- 
sachusetts or  Pennsylvania  had  once  the  right  to  develop 
in  the  long  ago.  I  do  not  see  why  it  should  be  made  harder 
from  this  time  on  for  men  to  develop  the  southwest  than  it 
was  for  men  to  develop  the  east,  the  north  and  the  south. 
I  do  not  see  why  we  should  ever  drift  as  a  nation  away  from 
the  principle  of  encouraging  the  individual,  of  encouraging 
the  home,  of  encouraging  the  small  owner,  and  if  now  and 
then  there  are  abuses,  if  now  and  then  men  file  upon  lands 
for  any  purpose  whatsoever  that  is  ulterior  and  not  honest, 
let  the  individual  case  be  punished;  but  why  should  the 
general  public  and  the  generality  of  men  in  their  endeavors 
to  do  the  best  for  themselves  and  their  loved  ones  be  hin- 
dered by  some  great  policy  like  that  of  over-conservation. 
I  love  my  country,  I  believe,  just  as  much  as  Mr.  Pinchot 
or  any  other  man  in  America,  and  my  ancestors  fought  the 
battles  of  the  Eevolution  and  fought  the  battles  of  the  Civil 
war,  and  Daniel  Webster  was  my  grandmother's  kinsman, 
and  General  Shields  was  my  father's  kinsman,  and  I  am 
just  as  much  of  an  American  as  anyone  who  has  ever  stood 
for  ultra-conservation;  I  believe  that  the  man  who  is  op- 


330  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

posed  to  over-conservation  has  as  much  right  to  express  his 
opinion  and  to  feel  that  over-conservation  is  an  unwise  and 
unpatriotic  thing  as  those  men  have  to  follow  their  convic- 
tions, 'and  I  trust  that  it  will  be  w  ithout  acrimony  and  with- 
out mutual  distrust  that  we  shall  consider  this  very,  very 
important  matter.  For  myself,  I  have  known  New  Mexico 
and  Arizona  somewhat  since  the  year  1878,  when  I  was  a 
boy  of  about  eight  years  of  age,  when  my  father  came  to 
New  Mexico  in  the  government  service  as  a  physician  and 
church  service  as  a  clergyman,  and  in  which  he  has  lived 
ever  since;  and  although  I  have  spent  but  nine  years  in  New 
Mexico  myself,  and  nine  years  in  Arizona,  in  all  this  while 
I  have  had  the  privilege  of  learning  more  and  more  about 
these  two  great  Territories  and  about  their  possibilities  and 
their  advantages  and  opportunities,  and  I  personally  should 
not  like  to  see  either  Territory  or  either  prospective  state 
hindered  in  its  lawful  development  by  any  such  policy  as 
that  of  over-conservation. 


Conservation  as  it  Affects  the  Oil  Industry  of  California. 


[The  effect  of  the  federal  public  land  policy  upon  the  development  of 
the  oil  industry  in  California  was  the  subject  of  a  discussion  to  which  the 
following  speakers  contributed: 

Hon.  Gifford  Pinchot,  Washington,  D.  C. 

Mr.  Thos.  A.  O'Donnell,  Los  Angeles,  California. 

Hon.  Frank  Short,  Fresno,  California. 

Hon.  S.  C.  Smith,  Bakersfield,  California. 

Hon.  Chas.  A.  Barlow,  Bakersfield,   California. 

Mr.  Thos.  E.  Gibbon,  Los  Angeles,  California. 

Mr.  Geo.  E.  Whittaker,  Los  Angeles,  California. 

Mr.  S.  C.  Graham,  Los  Angeles,  California. 

The  speeches  of  these  gentlemen  appear  here  in  consecutive  order. — 
Editor.] 


ADDRESS  OF  HON.  GIFFORD  PINCHOT, 
Washington,  D.  C. 

Members  of  the  Mining  Congress,  Ladies  and  Gentle- 
men: I  want  to  talk,  with  your  permission  and  your  in- 
dulgence, a  little  first  about  conservation  in  general  before 
dealing  specifically  with  the  observations  I  was  able  to  make 
in  the  oil  fields  east  and  west  of  Bakersfield,  .and  what  the 
present  situation  seems  to  me  to  require. 

And  before  I  begin,  I  want  to 'ask  your  indulgence  also 
to  permit  me  to  congratulate  the  American  Mining  Congress 
and  the  whole  mining  industry  on  the  appointment  as  chief 
of  the  new  Mining  Bureau,  of  that  one  man  in  all  the  United 
States  who  is  best  fitted  for  the  work — Dr.  Joseph  A. 
Holmes.  (Applause.)  His  appointment  to  my  mind  is  one 
of  the  greatest  triumphs  of  a  good  cause  that  I  have  seen  in 
recent  years,  and  I  think  every  friend  of  good  government, 
and  every  friend  of  good  mining,  should  join  in  rejoicing 
over  the  appointment  of  such  a  thoroughly  good  man. 

Now,  about  conservation  in  general,  I  have  observed 
in  the  course  of  considerable  experience,  both  with  the 
friends  and  with  the  enemies  of  conservation,  that  the  more 
specific  you  make  any  statement  as  to  what  conservation  is, 
the  more  difficult  it  is  to  attack,  and  that  the  majority  of 
the  attacks  made  on  conservation  relate,  with  singular  uni-f 
formity,  to  positions  which  the  conservation  people  have 


332  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

never  taken,  have  never  thought  of  taking,  and  when  they 
are  stated,  do  not  approve.  In  other  words,  the  great  bulk 
of  the  opposition  to  the  conservation  policy,  as  I  know  that 
opposition — and  I  think  I  may  say  without  any  vainglorious 
boasting  that  I  have  had  as  long  experience  in  the  opposi- 
tion to  the  policy  for  which  I  stand  as  most  people  have — I 
think  the  majority  of  that  opposition  is  based  on  a  misun- 
derstanding or  a  misstatement,  sometimes,  I  am  sorry  to 
say,  intentional,  but  usually  accidental,  misunderstanding 
or  a  misstatement  of  what  conservation  really  aims  at  and 
what  it  really  proposes,  and  what  actual  facts  are.  That 
must  be  my  excuse  for  reading  to  you  briefly  a  statement 
which  I  have  made  once  or  twice  before,  and  which  I  think  is 
representative  of  what  I  believe  along  the  lines  that  conser- 
vation actually  does  stand  for;  and  I  want  to  say  a  few  words 
about  what  it  has  to  do  with  the  mining  industry,  and  then 
about  oil;  and  as  I  have  tried  to  make  this  very  exact,  I 
hope  you  will  excuse  me  if  I  read  it. 

The  fundamental  principles  of  conservation  are  few, 
of  course,  and  simple,  just  as  the  fundamental  principles  of 
any  large  and  important  matter  are.  One  of  the  first  is 
this,  that  the  natural  resources  and  natural  advantages  be- 
long to  all  the  people  and  should  be  developed,  protected 
and  perpetuated  directly  for  the  benefit  of  all  the  people 
and  not  mainly  for  the  profit  of  a  few.  That  is  the  funda- 
mental basis  with  which  there  can  be  no  public  quarrel. 

Another  is  that  the  natural  resources  still  owned  by  the 
people,  which  are  necessaries  of  life,  like  coal  and  water 
power,  should  remain  in  public  ownership,  and  should  be 
disposed  of  only  under  lease  for  limited  periods  and  with 
fair  compensation  to  the  public  for  the  rights  granted — an- 
other fundamental  proposition,  which,  as  a  rule,  it  is  not 
easy  to  attack. 

Now,  as  to  our  waters,  every  stream  should  be  made 
useful  for  every  purpose  in  which  it  can  be  made  to  serve  the 
public.  A  proposition  on  a  broad  plan  is  needed  without  de- 
lay for  the  development  of  our  waterways  for  domestic  sup- 
ply, for  waterways,  for  irrigation  and  drainage. 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        333 

In  this  whole  question  of  dealing  with  our  waterways, 
the  policy  that  has  been  adopted  by  the  friends  of  conserva- 
tion is  that  the  people  of  the  whole  country  ought  to  be 
allowed  and  ought  to  be  trusted  to  apply  ordinary  business 
common  sense  to  their  property;  that  there  is  no  reason  why 
the  same  foresight,  the  same  provision  for  the  future,  the 
same  making  of  best  use  of  everything  we  have,  should  not 
be  applied  by  the  whole  people  to  the  property  of  the  whole 
people,  than  that  it  should  not  be  applied  to  the  property  of 
•one  man.  It  is  a  perfectly  simple,  common-sense  proposi- 
tion. As  to  waters,  we  want  to  know  what  we  have  and  how 
they  can  best  be  used  by  the  whole  people. 

As  to  water  power,  we  have  had  and  are  still  having  and 
we  shall  continue  to  have  for  some  time,  a  very  lively  con- 
test. There  is  now  forming,  as  I  have  often  said,  a  great 
combination  of  the  power  interests  and  of  banking  interests 
throughout  this  country.  The  city  in  which  we  are  met  has 
had  very  practical  experience  of  what  that  means.  Those 
of  us  who  have  been  making  this  fight  elsewhere,  know 
well  enough  that  when  you  attack  water  power,  you  attack 
the  central  financial  interests  of  the  great  financial  centers ; 
and  we  have  been  doing  what  we  could,  and  we  propose  to 
keep  right  on  doing  what  we  can,  to  prevent  the  passage  of 
this  great  necessity  of  life  into  the  hands  of  a  few  people 
who  will  be  able  to  monopolize  it. 

There  has  been  a  great  deal  of  loose  talk  in  connection 
with  this  water  power  question.  For  instance  it  has  been 
said  over  and  over  again  that  the  United  States  Government 
is  trying  to  take  away  from  the  States,  rights  which  the 
States  now  have.  Nothing  could  be  farther  from  the  truth. 
The  men  who  believe  in  federal  control  of  water  power  sites 
now  in  federal  possession,  simply  stand  for  the  continua- 
tion of  that  separation  between  the  rights  of  the  State  and 
the  rights  of  the  Nation  which  our  experience  hitherto 
has  led  us  to  make,  and  they  resist  the  idea  that  resources 
now  in  the  hands  of  the  federal  government  should  be  turned 
over  to  the  states.  The  aggression  in  this  matter,  you  will 
observe,  comes  not  from  the  Nation  but  from  the  States. 


334  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

Just  one  other  point  about  this  water  power  question — 
It  is  so  simple  that  it  seems  difficult  to  realize  why  it  should 
have  been  so  largely  misunderstood.  What  we  are  trying 
to  do  is  not  to  prevent  development,  nor  even  to  check  de- 
velopment; we  believe  in  development  of  water  power  most 
thoroughly  and  completely.  We  releaze  that  there  is  no 
saving  so  great  to  be  made  anywhere  as  the  substitution  of 
power  made  from  falling  water,  which  is  perpetual  as  long 
as  the  sun  shines  and  the  rains  fall  and  the  forests  exist — 
substituting  that  kind  of  power,  which  is  renewable  forever; 
for  power  derived  from  coal  which  once  used  is  gone,  never 
again  to  come  back.  The  conservation  people  want  the 
water  power  developed;  but  the  fact  that  they  want  it  de- 
veloped, ought  not  to  be  made  an  excuse  for  the  desire  of 
the  men  who  want  to  monopolize  those  powers,  realizing 
that  when  they  do  control  them,  they  control  a  fundamental 
necessity  of  life.  That  is  no  reason  why  we  should  give 
them  the  powers  forever  and  for  nothing  in  accordance  with 
their  demands.  So  we  say  that  every  water  power  site  now 
in  the  state  or  federal  control,  should  be  held  so,  and  should 
be  disposed  of  only  under  lease  for  a  limited  time  and  with 
fair  compensation  to  the  public. 

In  the  development  of  our  waterways,  the  co-operation 
of  the  state  anxi  the  nation  is  essential  for  the  general  wel- 
fare. The  conservation  people  deprecate  this  fight  or  this 
attempted  fight  between  state  control  and  national  control. 
What  we  want  is  co-operation — not  discord.  As  Mr.  Roose- 
velt said  at  St.  Paul,  it  is  very  clear  that  except  for  the  in- 
tervention of  the  special  interests  which  have  raised  this 
question,  the  question  itself  would  never  have  come  up; 
the  states  and  nation  would  have  continued  to  co-operate 
harmoniously. 

Now,  as  to  the  forests.  The  forests  necessary  for  the 
public  welfare  should  be  in  public  .ownership,  such  as  the 
present  forests,  the  White  Mountain  National  forest, 
and  the  State  forests  of  New  York,  Pennsylvania  and 
other  states.  Protection  of  forests  against  fire  is  the  first 
duty  of  forestry  on  the  part  of  the  states  and  nation  alike. 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        335 

There  is  nothing  else  which  compares  with  that.  The  way 
to  stop  fires  is  to  get  men  to  them  as  soon  as  they  begin. 
To  maintain  a  forest  fire  patrol  by  the  states  and  by  associa- 
tions of  citizens  who  own  timber  lands,  is  absolutely  neces- 
sary. The  protection  of  forests  is  the  first  step  in  forestry, 
and  reforestration  is  the  second.  The  forests  should  be 
taxed  on  the  land  value  alone.  The  timber  crop  should 
be  taxed  when  it  is  cut,  so  that  private  forestry  may  be  en- 
couraged. Nothing  else  has  stood  in  the  way  of  forestry  so 
much,  with  the  exception  of  forest  fires,  than  the  fact  that 
the  timber  crop  has  been  taxed  every  year  while  it  was 
growing  through  many  years  to  reach  its  crop  at  the  end. 
Every  other  crop  is  taxed  once  except  the  forest  crop,  which 
is  taxed  annually  during  the  whole  period  of  its  growth. 

The  private  ownership  of  forest  land  is  a  public  trust, 
because  what  is  done  with  a  forest  affects  not  only  the 
owner,  but  it  may  affect  hundreds  of  thousands  of  other  peo- 
ple  living  at  a  long  distance  away.  The  people  generally 
have  both  the  duty  and  the  right  to  regulate  the  use  of  such 
lands  in  the  general  interest.  Every  acre  of  land  should 
be  put  to  whatever  use  makes  it  most  valuable.  Our  lands 
should  be  put  to  prosperous  homes,  and  to  that  end  land 
monopoly  and  excessive  land  holdings  must  not  be  tol- 
erated. 

We  believe  that  the  most  useful  citizen  of  this  or  any 
other  country  is  the  man  who  owns  the  land  from  which  he 
makes  his  living;  whether  it  be  mineral  or  agricultural,  the 
man  who  owns  the  land  is  the  best  citizen  of  any  nation.  We 
want  that  encouraged  to  the  utmost.  Settlement  must  be, 
encouraged  by  every  legitimate  means  on  all  the  land  that 
will  support  homes.  Thus  the  land  suitable  for  cultivation 
in  the  national  forests  should  be  disposed  of  to  actual 
settlers,  but  never  to  speculators.  The  first  and  most  im- 
portant thing  to  do  for  our  agricultural  lands  is  to  preserve 
their  fertility  by  preventing  erosion.  The  rights  to  the  sur- 
face of  public  lands  should  be  separated  from  the  rights  to 
the  minerals  beneath  it,  and  each  should  be  held  separately 
and  subject  to  separate  disposal.  That  means  that  there 


336  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

should  be  no  more  passage  of  great  areas  of  coal  lands  into 
private  ownership  through  the  homestead  law,  no  more 
temptations  along  that  line  to  locate  lands  for  some  other 
than  the  ostensible  purpose.  Of  course  the  timber  and 
stone  act  should  be  repealed. 

Now,  as  to  our  minerals,  those  still  remaining  in  gov- 
ernment ownership  should  not  be  sold,  but  should  be  leased 
upon  terms  favorable  for  their  development  up  to  the  full 
requirements  of  our  people.  Let  me  say  right  here  that  an 
other  of  the  mistakes  so  commonly  circulated  about  conser- 
vation is  that  we  stand  in  the  way  of  development,  that  we 
intend  to  stop  development,  that  we  would  like  to  save,  for 
example,  all  the  coal  now  in  the  earth  and  keep  it  for  a  hun- 
dred or  a  thousand  years  so  that  by  and  by  somebody  some- 
where may  have  the  use  of  it.  It  is  only  necessary  to  state 
such  a  proposition  to  have  it  made  clear  that  no  body  of 
sensible  men,  as  I  hold  conservation  people  to  be,  could  ad- 
vocate any  such  doctrine.  We  believe  that  the  present  gen- 
eration has  a  full  right  to  the  fruits  of  the  earth  and  the 
minerals  under  the  earth — all  they  need,  and  when  they 
need  it;  but  we  do  not  believe  that  that  means  that  we  have 
the  right  for  our  pleasure  or  for  our  gratification,  but  not 
for  our  necessities,  to  waste  the  basis  of  prosperity  to  those 
who  are  coming  after  us. 

We  believe  that  this  generation  has  exactly  the  same 
responsibility  to  the  generations  of  American  citizens  who 
are  to  follow  us,  has  exactly  the  same  responsibility  that 
all  mothers  and  fathers  have  for  their  children.  We  stand 
in  no  different  relation  to  those  who  are  coming  after  us, 
and  we  may  fairly  ask  that  the  people  of  this  nation  may 
accept  that  responsibility  and  act  upon  it;  and  I  think 
that  is  a  proposition  that  it  would  be  difficult  to  controvert. 
So  let  me  make  it  plain  once  more,  that  we  believe  in  devel- 
opment and  we  believe  in  development  now,  and  we  don't 
believe  in  useless  waste. 

Now,  until  legislation  for  the  proper  disposal  of  our 
minerals  can  be  enacted,  temporary  withdrawals  of  land 
containing  oil,  coal  and  phosphate  rock  are  required  to  pre- 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        337 

vent  speculation  and  monopoly.  I  would  like  to  make  it 
clear  that  no  one  who  has  been  advocating  this  policy  be 
lieves  these  withdrawals  should  be  otherwise  than  tempo- 
rary. It  is  the  clear  duty  of  the  federal  government  as  well 
as  the  states  to  provide  for  legislation  to  conserve  our  min- 
eral resources.  That  is  where  your  new  mining  bureau, 
with  the  creation  of  which  this  Congress  has  had  so  much 
to  do,  is  going  to  be  extremely  useful.  The  special  interests, 
of  course,  are  enemies  to  both  the  nation  and  the  state  in 
these  matters.  I  can  think  of  no  more  easy  way  for  some  of 
the  great  special  interests  to  get  a  chance  to  do  their  work, 
than  to  have  a  lot  of  muddy  water  in  the  boundary  between 
state  and  nation  where  they  can  fish,  and  I  think  that  has 
appeared  to  some  of  you.  So  we  need  state  conservation 
commissions  and  a  national  conservation  commission  in 
order  to  make  public  the  facts. 

These  are  some  of  the  main  things  for  which  the  con- 
servation people  stand;  and  I  think  you  will  agree  with  me 
that  that  is  a  fairly  reasonable  and  sensible  platform,  and 
which  attempts  to  do  injustice  to  no  man.  It  does  contain, 
in  some  respects,  a  new  point  of  view.  It  does  mean  that 
we  recognize  the  right  and  duty  of  the  people  to  handle  the 
resources  differently  from  the  way  in  which  they  have  been 
handled  in  the  past;  but  it  does  not  mean,  for  example,  to 
use  an  illustration  from  the  service  with  which  I  was  pretty 
familiar — it  does  not  mean  that  the  forest  service  has  been 
attempting  or  has  ever  attempted  to  interfere  with  the  min- 
ing industry.  What  the  forest  service  has  done,  and  has,  I 
think,  rightly  done,  barring  of  course  individual  mistakes, 
was  to  recognize  that  the  laws  as  to  mining  in  the  national 
forests,  must  be  enforced,  and  that  it  was  the  duty  of  con- 
servation to  stand  like  a  rock  against  the  men  who  have  at- 
tempted to  get  possession  of  the  lands  in  the  national  forests 
for  purposes  other  than  those  of  legitimate  mining,  and  I 
have  no  apology  to  make  whatever. 

We  want  to  help  the  legitimate  miners.  We  have  made 
mistakes  in  attempting  to  do  it.  I  judge  it  would  have  been 
impossible  for  so  large  an  organization,  covering  so  huge  a 


338  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

field,  with  so  vast  a  body  of  men  as  yet  not  thoroughly 
trained,  to  avoid  mistakes.  The  fundamental  fact  is  that 
we  have  tried  steadily  to  beat  the  man  who  has  tried  to 
steal  ]ands  under  the  cover  of  the  mining  laws,  whether  he 
wanted  them  for  a  sawmill,  summer  resort,  fish  pond,  or 
whatever  other  purpose;  if  he  didn't  want  them  for  legiti- 
mate mining,  it  was  our  business  to  see  that  he  didn't  get 
them ;  but  the  fact  that  there  was  so  much  howl  against  that 
sort  of  thing  is  evidence  of  the  fact  that  we  have  succeeded 
to  some  extent. 

Now,  don't  let  me  be  misunderstood.  We  have  meant 
that  the  Forest  service  should  assist  the  honest  miner  in  ev- 
ery way,  and  I  think  it  is  meeting  with  some  success.  We 
want  to  see  the  timber  and  mining  regions  kept  for  the  legiti- 
mate miner,  and  we  propose,  so  far  as  we  can,  to  stop  the  men 
who  design  to  come  in  under  the  mining  laws  and  cut  and 
ship  out  of  the  country,  the  timber  that  is  needed  when  men 
come  into  the  country  to  get  out  the  mineral  that  is  actually 
there. 

If  I  keep  speaking  about  the  forest  service,  you  will 
excuse  me  on  the  ground  of  old  habit. 

I  want  to  make  it  clear  also,  where  we  speak  of  the  per- 
mit system  in  connection  with  the  development  of  minerals, 
that  there  is  no  intention  whatever  of  doing  that  one  thing 
which  must  not  be  done — that  is,  interfering  with  the  pros- 
pector. We  realize  fully  the  rights  that  the  prospector  has 
and  should  continue  to  have;  and  any  system  that  may  be 
adopted, — and  I  know  that  many  of  you  will  agree  with  me 
that  the  mineral  land  laws  are  in  some  respects  misfits- 
whatever  improvements  in  the  law  may  be  made,  whatever 
change  in  the  policy  may  be  adopted,  the  fundamental  sys- 
tem must  be  this, — that  the  prospector  must  have  his  work 
made  easier  rather  than  harder.  Furthermore,  under  the 
permit  system,  there  must  be  in  this  country,  as  there  is 
elsewhere,  the  facilitation  of  mineral  development  instead 
of  the  checking  of  it.  There  is  a  very  admirable  report  by 
the  Geological  Survey  of  the  way  in  which  this  matter  works 
in  Australia,  which  I  can  commend  very  highly  to  your  con- 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        339 

sideration.  But  let  me  add  this,  whether  you  agree  with 
this  system  that  I  have  outlined  or  not,  however  much  some 
individuals  among  you  may  disagree,  I  think  it  is  perfectly 
fair  to  say  this,  and  I  say  it  absolutely  in  no  sense  as  a 
threat,  but  merely  as  a  statement  which  I  believe  to  be  true 
and  which  I  submit  as  worthy  of  your  consideration — the 
people  of  the  United  States  have  got  these  conservation 
ideas  in  their  heads;  they  have  adopted  them  very  com- 
pletely in  some  respects ;  they  are  adopting  them  daily  more 
and  more  completely  in  others.  They  have  ascertained,  as 
we  all  have  who  know  anything  about  it,  that  the  opposition 
to  the  conservation  policy  is,  in  the  majority  of  cases,  thor- 
oughly interested  in  its  origin;  and  in  the  second  place, 
rapidly  diminishing,  both  in  effectiveness  and  in  quantity. 
Here  and  there  an  individual  lifts  his  head  to  protest 
against  a  policy  clearly  in  the  interests  of  the  whole  people. 
Gradually  the  heads  that  have  been  lifted  are  dropped. 
Fewer  and  fewer  will  be  lifted  in  the  future.  There  is  no 
question,  I  think,  but  that  this  policy  is  here  to  stay,  and, 
as  I  have  said,  I  make  this  as  no  threat.  I  make  it  as  a 
statement  that  I  think  you  ought  to  consider.  Now,  if  that 
is  true—and  I  question  whether  any  candid  reading  of  the 
newspapers  for  any  length  of  time  will  permit  any  man  to 
be  in  doubt  as  to  that  fact — why  isn't  it  the  wise  and  sensi- 
ble thing  for  mining  men,  instead  of  standing  against  the 
policy  determined  upon  by  the  whole  people,  to  take  hold 
of  this  proposition  as  to  the  development  of  mineral  lands 
while  it  is  young?  It  is  merely  to  compel  all  industries  to 
be  conducted  on  lines  in  harmony  with  the  public  welfare. 
Why  isn't  it  a  wise  and  sensible  thing  for  you  gentlemen  to 
do,  as  it  would  be  for  any  other  similar  body  of  men,  in- 
stead of  following  in  a  procession  which  cannot  be  stopped, 
to  get  in  the  lead  of  the  procession  and  steer  it  where  you 
would  like  to  have  it  go? 

There  can  be  no  doubt  that  equitable  and  satisfactory 
adjustment  of  these  matters  can  be  made,  fair  both  to  the 
mining  men  and  to  the  government  and  to  all  the  people; 
and  there  can  also  be  no  doubt  that  those  arrangements 


340  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

would  be  better,  more  workable,  more  satisfactory  all 
around,  if  the  men  who  know  most  about  the  mining  indus- 
try gave  their  help,  their  direction,  their  advice  and  their 
assistance  in  formulating  the  plans  that  are  to  be  carried 
out;  and  so  far  as  the  conservation  people  are  concerned,  I 
can  assure  you  with  all  sincerity  that  we  will  gladly  and 
eagerly  welcome  your  assistance  and  advice  in  having  this 
great  change  of  policy  so  carried  out  as  to  do  you  no  harm 
and  to  do  all  the  people  the  most  possible  good. 

Now,  ladies  and  gentlemen,  just  a  word  more  in  clos- 
ing, about  this  oil  matter.  At  the  suggestion  of  the  Sierra 
Madre  Club  of  this  city,  I  went  to  Bakersfield  recently,  and 
went  over  the  west  side  oil  fields  and  had  a  look  at  the  east 
side  oil  fields,  and  spent  two  of  the  most  interesting  days 
that  I  ever  have  spent,  and  gathered  certain  impressions, 
the  result  of  which  I  should  like  now  very  briefly  to  lay  be- 
fore you.  I  had  as  good  a  time  as  I  judge  a  man  must  al- 
ways have  under  the  guidance  of  those  pleasant  hosts  who 
were  kind  enough  to  show  my  brother  and  me  about;  and  I 
am  sorry  that  some  of  the  things  I  have  to  say  will  prob- 
ably not  meet  their  views,  just  as  I  am  glad  that  some  of  the 
things  I  have  to  say  will  probably  meet  their  views.  I  hope 
the  good  will  be  more  than  the  bad.  At  any  rate,  these  are 
the  conclusions  to  which  I  came  after  consulting  many  men, 
both  in  the  oil  fields  and  here,  and  after  having  had  a  chance 
to  see  things  for  myself: 

First,  men  who  have  made  bona  fide  locations  in  this 
oil  field  previous  to  withdrawal,  and  who  made  discovery 
after  location — I  am  not  going  to  discuss  with  those  who  are 
not  familiar  with  the  oil  situation  exactly  what  this  means, 
but  the  oil  men  will  know— men  who  made  bona  fide  loca- 
tions previous  to  withdrawal,  and  who  may  discover  after 
location,  and  proceed  to  develop  in  good  faith  and  in  ac- 
cordance with  established  decisions  and  usage,  should  get 
their  patents  whether  or  not  the  land  is  subsequently  with- 
drawn. (Applause.) 

This  seems  to  me  to  be  so  clear  as  to  need  absolutely  no 
discussion.  A  man  who  has  gone  into  the  field  in  good 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        341 

faith,  made  Ms  developments  as  best  he  could  under  the 
local  conditions,  and  in  accordance  with  the  decisions  and 
local  usage,  certainly  ought  to  get  the  reward  of  his  labor. 
That  is  what  the  mineral  land  laws  are  for;  and  I  have  no 
doubt  that  that  matter  will  be  adjusted  in  that  way  if  jus- 
tice is  followed,  and  I  see  no  reason  why  justice  should  not 
prevail. 

Now,  oil  lands  not  now  located  and  still  in  government 
ownership,  should  lemain  so.  The  present  withdrawal 
should  be  maintained  long  enough  to  secure  legislation 
adapted  to  the  needs  of  the  oil  industry  and  the  conserva- 
tion of  this  great  resource.  Such  legislation  should,  in  my 
judgment,  provide  for  a  prospect  permit,  say  for  three 
years,  during  which  time  the  prospector  should  be  secured 
in  the  possession  of  a  reasonable  amount  of  land,  on  the 
condition  that  he  goes  ahead  to  prospect  and  develop  his 
holding.  Give  him  a  fair  chance  and  let  no  man  interfere 
with  him  during  that  time.  Upon  discovery,  the  govern- 
ment should  issue  a  permit  entitling  the  discoverer  to  a 
permit  for  twenty-five  years,  long  enough  to  make  it  profit- 
able in  accordance  with  the  conditions.  The  permanent  hold- 
er or  lessee  should,  under  the  regulations,  pay  a  royalty  to 
the  government  in  an  amount  small  enough  not  to  hamper  or 
prevent  development.  These  withdrawals  are  not  intended 
to  be  permanent.  A  permanent  withdrawal  of  oil  lands 
within  the  land  grant  of  the  Southern  Pacific,  would  prob- 
ably benefit  the  railroad  instead  of  the  people,  and  should 
not  be  maintained.  In  my  judgment,  a  withdrawal  should 
last  long  enough  to  get  suitable  legislation.  Finally  the 
government  will  not  do  its  duty  if  it  does  not  exhaust  every 
possible  means  at  its  command  to  attack  the  title  of  the 
Southern  Pacific  Eailroad  to  mineral  lands  in  the  oil  fields, 
and  vest  the  title  again  in  the  people  of  the  United  States. 
(Great  applause.) 

I  am  glad  you  think  that  is  right.  I  think  so  very 
strongly. 

That  is  in  substance  what  I  have  to  say  about  conserva- 
tion. My  final  word  is,  before  you  condemn  a  conservation 


242  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

policy,  find  out  whether  it  is  what  the  friends  of  conserva- 
tion assert,  or  what  the  enemies  of  conservation  impute. 


ADDRESS  OF  MR.  THOMAS  A.  O'DONNELL, 
Los  Angeles,  Calif. 

I  am  a  thorough  believer  in  the  citizens  of  the  United 
States  having  an  opinion  of  their  own  and  expressing  them 
whenever  they  may  desire  to  do  so.  While  my  opinions  in 
all  respects  do  not  agree  with  those  of  Mr.  Pinchot  and  Mr. 
Graham,  who  have  just  spoken,  I  hold  both  of  these  gentle- 
men in  the  highest  respect.  It  gave  me  a  great  deal  of  pleas- 
ure to  sit  here  last  night  and  listen  to  Mr.  Pinchot.  I  was 
very  much  surprised  and  much  gratified  by  his  statement 
regarding  what  he  recommended  for  the  disposition  of  the 
oil  lands  in  the  Midway  field  that  are  now  already  being 
operated.  I  was  much  gratified  to  learn  from  Mr.  Pinchot 
himself  what  this  great  word  "  conservation "  meant  in 
many  of  its  details.  I  am  not  altogether  sure  that  the  mean- 
ing as  interpreted  by  Mr.  Pinchot  is  in  accord  with  the 
practical  demonstrations  that  have  taken  place,  so  far  as  it 
relates  to  the  oil  business.  I  understand  it  is  not  their  in- 
tention in  any  sense  of  the  word  to  do  anything  that  will 
retard  the  development  of  any  of  the  resources  of  this  coun- 
try; but  it  is  my  opinion  that  some  of  the  actions  taken  and 
recommended  by  them  have  done  it.  Whatever  their  inten- 
tion was,  it  has  done  it.  I  am  quite  sure  that  Mr.  Pinchot. 
least  of  all  the  men  with  whom  I  have  come  in  contact  on 
this  subject,  believes  in  doing  an  injustice  to  anybody  en- 
gaged in  this  business  or  in  any  other  business,  but  I  believe 
that  the  agitation  and  the  uncertainty  and  the  rulings  that 
the  departments  have  thought  wise  to  make  recently,  have 
done  an  injustice;  and  no  matter  what  the  opinions  of  these 
gentlemen  are  regarding  the  great  wrongs  that  perhaps 
have  been  perpetrated  from  time  to  time  upon  the  people  of 
the  United  States  by  a  disregard  of  the  laws,  I  myself  be- 
lieve that  the  oil  operator,  the  petroleum  operator,  the  man 
who  drives  wells  and  produces  oil  or  prospects  for  oil  and 
obeys  the  laws  provided  for  the  regulation  of  such  opera- 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        343 

tions,  is  an  honest  citizen  working  for  the  benefit  of  this 
country  and  he  should  be  entitled  to  the  investments  that 
are  already  made  upon  these  lands,  and  he  should  be  pro- 
tected and  should  be  allowed  to  go  ahead  and  perfect  his 
titles  that  were  inaugurated  and  started  under  the  system 
that  has  existed  in  California  for  thirty  years  and  not  have 
this  changed  on  a  moment 's  notice. 

Now,  men  will  say  that  perhaps  these  great  rich  oil 
operators  that  go  up  in  these  fields  have  grabbed  a  lot  of 
the  public  domain  and  it  should  be  taken  away  from  them 
and  given  back  to  the  people.  There  is  generally  a  mistaken 
idea,  in  my  judgment,  by  the  public  who  are  not  interested 
in  these  matters,  regarding  the  wealth  of  most  of  the  oil 
men.  Every  man  that  owns  an  oil  well  is  not  a  John  D. 
Eockefeller,  and  particularly  in  California;  most  of  the  men 
who  appear  before  you  in  the  public  prints  and  otherwise 
are  merely  representatives,  using  the  capital  of  thousands  of 
men  scattered  throughout  the  whole  country  for  the  develop- 
ment of  those  resources,  and  it  is  not  only  the  particular 
individual  who  is  called  to  your  attention  who  will  suffer 
from  this  chaotic  condition  that  we  are  now  suffering  from 
in  these  fields,  but  it  is  the  thousands  of  men  scattered  all 
over  this  state.  I  will  venture  to  say  that  there  is  no  indus- 
try represented  in  the  West  today  that  has  a  larger  per- 
centage of  the  whole  people  interested  in  it  than  the  oil  in- 
dustry of  California  has. 

I  am  not  going  to  try  to  discuss  problems  of  government 
or  of  conservation  or  of  matters  leading  up  to  these  propo- 
sitions; I  do  not  consider  that  I  am  capable  of  doing  so. 
There  has  been  some  question  raised  as  to  the  advisability 
of  the  oil  men  joining  in  this  Congress  for  the  purpose  of 
having  an  expression  of  opinion  regarding  our  troubles. 
While  I  differ  with  some  of  our  associates  engaged  in  the 
same  business  regarding  this  subject,  I  am  free  to  confess 
that  I  do  not  see  why  this  Congress  cannot,  without  recom- 
mending specific  legislation,  take  some  recognition  of  our 
trouble  and  pass  a  resolution  referring  this  to  the  future  dis- 
position of  these  so-called — I  am  going  to  call  them  natural 


344  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

resources  of  this  country.  The  miner  and  the  oil  man  are  in 
the  same  identical  boat.  The  general  policy  that  has  been 
proposed  by  the  people  who  advocate  a  radical  change  along 
these  lines  is  proposed  for  the  metal  miner  as  well  as  the 
oil  miner.  I  know  this  on  account  of  my  recent  difficulties 
in  Washington.  I  do  not  think  there  is  a  man  in  California 
today  but  recognizes  that  the  withdrawal  bill  in  its  original 
iorm  was  an  outrage  to  a  great  many  fixed  interests  in  this 
state  and  should  not  have  been  passed.  Mr.  Pinchot,  I  un- 
derstand at  that  time — in  fact,  I  .read  a  number  of  his  inter- 
views regarding  the  questions  advocated— stated  that  the 
bill  was  not  even  satisfactory  to  him  in  its  original  form 
because  it  excepted  the  metal  miners.  He  is  consistent  and 
honest  in  that.  I  believe  if  any  of  you  asked  Mr.  Pinchot 
today  he  would  tell  you  that  he  believes  the  metal  miners 
should  have  been  included  in  the  original  bill  and  they 
should  have  been  no  exception.  Now,  the  idea  of  these  men 
is  that  the  Secretary  of  the  Interior  is  always  going  to  be  a 
good  man,  and  you  turn  it  over  to  him  and  he  is  going  to  do 
the  right  thing.  He  will  not  recommend  these  withdrawals 
unless  you  are  doing  wrong.  But  sometimes  they  change 
their  minds  about  the  kind  of  a  man  they  get  in  there,  and 
I  do  not  believe  any  of  these  interests  should  be  trusted  to 
any  one  individual,  whether  it  be  the  President  of  the  United 
States  or  the  Secretary  of  the  Interior  or  anyone  else. 

One  of  the  great  features,  in  my  judgment,  that  con- 
vinces me  of  the  impracticability  of  the  working  out  of  the 
leasing  system  is  not  alone  the  royalty  involved  or  the 
amount  of  revenue  that  the  government  might  get  out  of 
this,  but  it  is  the  general  tendency  of  our  government  to 
drift  towards  a  bureaucratic  supervision  of  the  industries 
of  the  West.  I  met  men  in  Washington  who  were,  in  my 
judgment,  men  of  character  and  influence  and  honesty  of 
purpose  in  all  of  their  activities  in  connection  with  the 
department  work;  and  I  asked  one  of  them  who  was  at  the 
head  of  one  of  these  departments,  while  before  the  commit- 
tee, when  he  was  recommending  a  leasing  bill  and  some  pro- 
visions that  he  would  put  into  that  bill  to  regulate  the  busi- 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.         345 

ness  out  here — I  asked  him  why  he  overlooked  the  kind  of 
casing  that  we  used  in  our  wells,  and  he  said  that  was  an 
oversight,  that  he  would  have  it  attended  to.  (Laughter.) 
The  idea  is,  the  supervision  of  the  oil  business  from  a  prac- 
tical standpoint  from  Washington,  with  the  cumbersome- 
ness  of  our  government  in  general  and  the  inability  to  do  it 
as  the  individual  can  always  do  it  on  the  ground,  is  one  of 
the  greatest  menaces  that  the  future  production  of  oil  is  up 
against  in  California  today,  and  anything  that  tends  towards 
a  lease,  with  all  the  provisions  that  we  try  to  inject  into 
leases  of  our  land  to  one  another,  and  of  the  government  do- 
ing this,  and  of  attempting  to  get  out  of  it  on  a  competitive 
basis  all  there  is  in  it,  as  the  individual  does  here  on  the 
ground,  would  be  absolutely  impracticable,  and  it  would 
not  work,  no  matter  what  you  think  about  what  the  govern- 
ment should  have  out  of  it.  The  individual,  it  is  true,  who 
owns  the  patented  land  on  the  ground  here  will  make  leases 
to  me  and  to  other  operators,  and  I  will  go  and  lease  it  from 
him,  and  I  will  do  it  gladly,  and  sometimes  perhaps  I  will 
pay  him  considerable  money  for  that  privilege;  but  I  ven- 
ture to  say  that  you  place  the  lands  of  California  on  the 
auction  block  after  the  prospector  or  the  developer  has 
found  there  is  oil  there,  and  you  will  soon  find  the  oil  mo- 
nopolies owning  that  land  if  there  is  any  possibility  of  get- 
ting it.  And  I  would  like  nothing  better,  with  a  long  sack 
filled  with  money,  than  to  go  into  the  Kern  River  field  in 
competition  with  the  entire  population  of  California,  and  I 
venture  to  say  that  I  would  get  a  big  proportion  of  that  land 
if  it  were  put  up  for  competition.  The  difference  between 
the  individual  and  the  government  is  that  these  lands  are 
not  all  similar  in  character.  The  man  who  owns  a  piece  of 
land  will  see  that  it  is  developed  in  time,  even  if  he  has  to 
change  his  rules  and  regulations  or  the  kind  of  lease  that  he 
desires  to  make  with  the  individual  for  the  operating  of  it. 
The  government,  no  matter  what  they  do,  has  fixed  rules  by 
which  these  things  can  be  handled,  and  no  general  fixed  rule 
will  ever  get  out  the  full  value  of  an  entire  oil  field  and  still 
perpetuate  its  development. 


246  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

I  am  going  to  reply  to  Mr.  Graham  in  a  kindly  sort  of 
way,  if  I  am  able  to  do  so,  and  surely  mean  it  that  way.  All 
of  the  advocates  of  our  present  system  of  acquiring  the  gov- 
ernment lands  are  men  who  have  been  up  in  these  districts 
and  are  somewhat  prejudiced,  perhaps,  for  their  large  hold- 
ings in  these  matters.  I  am  going  to  plead  guilty  to  a  cer- 
tain extent  in  this  respect,  because  I  believe  that  most  men 
do,  perhaps,  unconsciously  and  with  the  best  intentions  in 
the  world,  allow  their  private  interests  to  interfere  with  their 
judgment.  I  do  not  believe  that  most  men  do  this  know- 
ingly, and  while  I  will  confess  that  perhaps  this  has  some 
bearing  on  my  judgment  on  this  subject,  I  am  not  at  all  sure 
that  some  of  the  strongest  advocates  that  we  have  of  the 
other  policy  who  are  engaged  in  this  business  might  not 
have  some  fixed  interest  already  established  of  years  dura- 
tion that  might  in  a  way  be  benefited  by  the  stagnation  of 
the  development  of  these  government  lands.  Now,  mind 
you,  I  am  not  saying  that  it  is  my  judgment  that  this  is  the 
case;  in  fact,  I  believe  emphatically  that  it  is  not;  and  1  be- 
lieve that  some  of  the  gentlemen  who  are  doing  this  and 
taking  a  great  part  in  public  affairs  of  all  kinds  believe  that 
they  are  doing  a  great  act  for  the  public  good. 

Now,  coming  back  to  the  American  Mining  Congress,  it 
is  my  judgment,  gentlemen,  that  through  your  Resolutions 
Committee  and  through  a  conscientious  study  of  our  prob- 
lems and  a  comparison  of  them  with  your  own,  it  is  possible 
for  this  body  as  a  national  body  to  recognize  some  of  the 
troubles  and  injustices  that  have  occurred  in  the  oil  indus- 
try in  California  and  to  pass  intelligent  resolutions  affect- 
ing them,  not  specific  in  their  nature.  You  have  your  trou- 
bles and  we  have  ours.  But  it  is  my  idea  that  the  future 
plans  that  the  extremists  propose  for  this  government  to 
adopt  regarding  the  oil  lands,  they  will  also  propose  for  the 
metal  miner,  and  to  that  extent  at  least  I  personally  could 
join  you  heartily  in  a  resolution  that  we  were  not  in  favor 
of  it. 

The  principal  thing  with  us  today  is  the  recent  rulings 
of  the  land  department  which  have  been  very  disturbing  in 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        347 

their  effect.  I  am  not  at  all  sure  that  perhaps  some  radical 
improvement  should  not  be  made  in  some  of  our  mining 
laws  that  would  benefit  the  individual  operator  if  that  can 
be  done.  We  have  passed  through  a  period  of  some  thirty 
years  in  California  operating  these  lands.  It  has  been  the 
custom  and  practice  for  a  number  of  locators  to  go  together 
and  locate  a  certain  area,  differing  in  its  extent,  but  there  is 
no  case  where  it  has  been  possible,  as  far  as  I  have  been  able 
to  see,  for  the  individual  himself  to  drill  wells  and  take  the 
chances  that  it  is  necessary  to  take  upon  these  public  lands ; 
consequently,  there  has  been  a  great  mass  of  transferring  of 
interests  interlaced  in  all  kinds  of  manners,  for  the  purpose 
of  organizing  companies,  financing  them,  and  getting  the 
necessary  money  to  go  ahead  and  do  this  development  work, 
and  now,  without  any  notice,  with  a  custom  that  has  existed 
for  years  and  years,  the  government  now  states  that  we 
cannot  make  these  transfers  except  after  discovery.  This 
in  itself  is  a  great  menace  to  the  fixed  interests  now  existing 
in  the  great  oil  fields  in  this  state. 


ADDRESS  OP  HON.  FRANK  H.  SHORT, 
Fresno,  Calif. 

Mr.  Chairman  and  Gentlemen  of  the  convention:  A 
good  many  years  ago,  when  I  started  into  the  practice  of 
the  profession  of  the  law,  I  thought  that  if  I  could  succeed 
in  the  way  that  lawyers  are  supposed  to  succeed,  and  could 
establish  a  practice  and  could  gain  the  confidence  of  my  fel- 
low citizens  and  those  having  large  investments  and  small 
investments,  that  I  would  thereby  be  estimated  as  somewhat 
more  worthy,  or  at  least  a  more  successful  American  than 
if  I  had  failed.  But  I  find  now  that  it  is  wholly  impossible 
for  me  to  appear  before  a  public  gathering  and  speak  upon 
the  interests  that  are  represented  in  that  gathering,  with 
any  other  reputation  or  standing — at  least,  so  far  as  those 
who  oppose  my  views  are  concerned — than  that  I  am  a 
mere  corporation  lawyer  and  am  representing  industries 
inimical  to  the  general  welfare,  and  therefore  that  I  ought 
to  be  heard  grudgingly  and  reluctantly  and  in  no  manner  be- 


348  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

lieved  or  accepted.  It  may  be  that  the  men  of  the  western 
states  who  are  engaged  in  the  expenditure  of  time  and 
money  and  energy  in  the  development  of  the  resources  of 
those  states  are  committing  offenses  against  nature  and 
against  law,  and  it  may  be  that  their  lawyer  who,  in  an  open 
and  public  way,  and  whose  methods  and  whose  position  is 
neither  secret  nor  questioned,  is  doing  a  dishonorable  act, 
but,  so  far  as  I  am  concerned,  so  long  as  my  own  conscience 
is  clear,  and  so  long  as  I  have  the  honor  and  satisfaction  of 
feeling  that  I  am  doing  something  in  my  day  and  genera- 
tion to  add  to  the  general  growth  and  development  and 
prosperity  of  the  country,  my  adversaries  are  welcome  to 
wear  their  wings  and  their  crowns  and  their  harps  and  to 
decorate  me  with  hoofs  and  horns  as  much  as  they  please. 

Gentlemen,  I  particularly  like  to  speak  to  mining  men. 
I  am,  as  you  may  suspect,  what  is  called  an  individualist, 
and  that  means  that  I  am  no  sort  of  a  socialist— either  soci- 
ological, national  or  otherwise.  I  believe  that  God  made 
man  for  the  good  of  the  world,  and  man  made  society  for 
his  own  benefit,  and  I  believe  man  should  serve  God  and 
the  purpose  of  the  world,  and  that  society  should  serve 
man  and  not  man  society. 

It  is  ordinarily  true  that  what  we  call  the  large  inter 
ests  and  the  corporations  like  to  put  on  what  is  called  the 
soft  pedal,  but  I  guess  you  would  not  have  to  think  back 
more  than  twenty-four  hours  before  you  could  remember 
the  soft  pedal  pedaling  in  unexpected  places.  I  want  to 
speak  to  you  frankly  and  say  this,  that,  to  my  mind,  there 
are  no  gold  miners,  there  are  no  silver  miners,  there  are  no 
copper  miners,  there  are  no  coal  miners,  there  are  no  oil 
miners  in  this  matter;  they  are  simply  American  miners  all 
standing  for  American  miners'  rights. 

The  slogan  that  has  been  promulgated — and  I  will 
come  right  to  the  subject — is  that  "the  remaining  resources 
of  the  nation  belong  to  all  of  the  people  of  the  nation. " 
That  sounds  good.  That  lets  you  and  me  all  in,  don't  you 
see?  And  if  the  remaining  resources  of  the  nation  belong 
to  all  of  the  people  of  the  nation,  each  of  us  has  a  one-hun- 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        349 

dred-millionth  part  without  working  or  getting  busy  about 
it  at  all.  But,  my  friends,  if  the  remaining  resources  of  the 
nation  belong  to  all  of  the  people  of  the  nation,  there  was  a 
time  in  the  history  of  this  country  when  all  the  resources 
of  the  nation  belonged  to  all  of  the  people  of  the  nation, 
and  "to  their  children  and  to  their  children's  children  for- 
ever," and  I  am  afraid  that  some  of  our  uplifting  friends 
have  abstracted  a  portion  of  the  common  asset  and  are  now 
coming  after  the  rest. 

My  friends,  the  slogan  sounds  good,  that  "all  of  the 
remaining  resources  of  the  nation  belong  to  all  of  the  peo- 
ple of  the  nation."  That  slogan  has  two  vices.  One  of 
them  is  that  it  is  not  true  in  law  or  in  fact,  and  the  other 
is  that  if  it  was  ever  true  it  would  be  too  late  in  the  history 
of  the  nation  to  assert  it  now.  The  Supreme  Court  of  the 
United  States,  when  I  was  young,  used  to  decide  the  law  of 
this  country,  and  it  used  to  control  Congress,  and  it  used 
to  control  the  executive;  and  allow  me  parenthetically  to 
say  that  for  all  time  the  Supreme  Court  of  the  United 
States  will  determine  the  law,  and  the  legislative  branch 
of  the  government  and  the  executive  branch  of  the  govern- 
ment will  enforce  the  law  according  to  the  law  as  deter- 
mined by  the  courts,  and  the  people  will  see  that  they  do  it. 
The  Supreme  Court  of  the  United  States  decided  that  the 
United  States  held  the  public  land  in  trust  for  the  people 
of  the  several  states,  to  be  disposed  of  at  nominal  prices,  to 
private  ownership,  as  rapidly  as  possible,  and  in  order  that 
the  government  might  retire  as  a  land  owner  from  the  sev- 
eral states  as  soon  as  it  could.  That  was  decided  seventy- 
five  or  eighty  years  ago,  and  ever  since  that  time  the  United 
States  government  and  the  Congress  have  proceeded  in  ac- 
cordance with  that  trust  to  undertake,  not  always  as  well 
as  it  might,  to  follow  out  the  injunction  that  the  public 
lands  and  resources  of  this  nation  belonged  to  the  people 
of  this  nation,  to  be  distributed  to  private  ownership  and 
to  private  development  and  to  private  control  as  rapidly  as 
possible.  That  is  the  law,  and  it  may  be  that  my  friends 
can  reconcile  their  consciences  to  a  violation  of  a  trust  to  a 


350  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

good  end,  but  I  don't  believe  that  any  good  ever  comes  of 
violating  a  trust  or  violating  the  law. 

A  good  many  people  do  not  like  to  hear  legal  discus- 
sions as  much  as  they  ought  to,  but  all  of  us  can  under- 
stand the  justice  and  equity  of  a  thing.  Now,  let  us  assume 
that  the  United  States  owned  all  of  the  public  lands  for  the 
benefit  of  all  the  people.  In  other  words,  that  Uncle  Sam  is 
the  father  of  four  sons,  and  in  order  that  our  geography 
and  our  history  may  be  straight,  we  will  call  them  East, 
and  North  and  South  and  West,  and  Uncle  Sam,  being  mind 
ful  of  his  trust,  and  a  father  generous  to  a  fault,  proceeded 
to  distribute  to  his  three  elder  sons,  East,  North  and  South, 
all  of  that  portion  of  that  estate  that  was  coming  to  them 
and  their  children.  They  tell  us  that  in  the  doing  of  this 
Uncle  Sam  was  sometimes  unequal,  incapable,  and  even, 
sad  to  relate,  dishonest ;  but  that  he  did  distribute  it  nobody 
denies.  That  East  and  North  and  South  and  their  children 
have  all  of  the  portion  of  the  common  inheritance  coining 
to  them  nobody  denies.  Now,  the  sunburned  portion  of 
Uncle  Sam's  estate  did  not  look  very  good  and  it  naturally 
fell  to  the  younger  brother,  West.  You  know  Bill  went 
West  and  little  Willie  stayed  in  the  east;  and  the  more  1 
become  acquainted  with  Bill  and  the  more  I  know  of  little 
Willie,  I  am  glad  that  Bill  came  west  and  little  Willie 
stayed  in  the  east.  After  the  younger  brother,  who  was  a 
good  traveler  and  an  energetic  lad,  began  to  show  the  re- 
sources and  possibilities  of  that  portion  of  the  common  es 
tate  of  Uncle  Sam  that  had  been  left  over  to  him,  a  great 
moral  uplift  and  sense  of  deep  righteousness  pervaded  the 
breasts  of  East  and  North  and  South,  and  the  more  they 
thought  about  it  and  prayed  over  it  the  worse  they  felt  about 
it,  and  finally  they  went  to  Uncle  Sam  and  said:  Father, 
you  have  surely  sinned  against  heaven  and  in  the  sight  of 
all  men.  Eecklessly  and  carelessly  you  have  distributed 
to  us  and  to  our  children  all  of  that  portion  of  the  estate 
that  is  coming  to  us,  and  you  have  squandered  the  common 
inheritance.  Now,  the  only  moral  atonement  we  can  con- 
ceive of  is  that  you  sieze  that  portion  of  the  estate  that  be- 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.      351 

longs  to  our  younger  brother,  West,  and  hold  it  for  the  Bene- 
fit of  the  whole  family.  And  they  said,  these  righteous 
brothers:  Since,  Uncle  Sam,  you  have  shown  yourself  in- 
capable and  dishonest  in  the  distribution  of  our  portion  of 
our  estate  to  us,  out  of  the  deep  and  abiding  affection  for 
our  younger  brother,  in  view  of  your  admitted  dishonesty 
and  incapacity,  we  will  appoint  you  his  guardian  and  trus- 
tee without  bonds  forever  irrevocable.  And  the  only  in- 
junction is  that  you  shall  pay  to  us,  your  elder  sons,  the 
equal  one-fourth  of  the  income  of  our  younger  brother's 
estate  annually  for  all  time. 

If  there  is  anybody  in  the  audience  that  has  any  objec- 
tions to  the  historical  accuracy  or  logical  application  of  this 
little  allegory,  they  will  now  stand  up  and  state  their  case  or 
forever  afterward  hold  their  peace. 

Now,  my  friends,  this  is  a  very  serious  and  a  very  big 
question,  and,  for  myself,  I  appreciate  that  I  cannot  look 
at  it  as  some  other  men  can.  I  have  never  had  the  oppor- 
tunity of  being  born  with  great  wealth  so  that  I  could  have 
it  heralded  to  the  world  what  an  enormous  sacrifice  I  was 
making  by  going  into  politics,  instead  of  spending  my 
father's  estate,  to  serve  the  people  that  I  love  so  well.  My 
education  was  acquired  on  the  western  plains  of  this  coun- 
try, riding  a  broncho  and  driving  in  steers  and  fighting  my 
way  along  the  paths  of  toil  and  industry,  and  therefore  1 
look  at  the  things  from  an  out  of  door  way.  I  had  my  edu- 
cation in  that  university  of  the  outside  world,  that  college 
common  to  all  of  the  people,  and  the  history,  the  traditions 
and  the  progress  and  the  development  of  my  race  and  my 
country  looked  good  to  me. 

We  are  told — and  I  am  coming  around  to  finish  up  by 
talking  about  the  mining  end  of  it — we  are  told  that  the 
federal  government  must  take  and  hold  all  of  the  remaining 
assets  of  the  nation  to  prevent  monopoly.  They  say  that  this 
asset  and  this  estate  belongs  to  all  of  the  people.  That  is  to 
say,  it  belongs  to  a  hundred  million  of  people.  Now,  do  not 
get  excited  or  scared.  There  are  going  to  be  no  individual 
dividends  declared  right  away.  There  will  be  a  big  roll  of 


352  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

federal  officials  to  pay,  and  I  am  putting  my  money  on  the 
pay-roll  all  the  time,  and  no  dividends  will  ever  come  at  all. 
But,  if  in  the  course  of  human  events,  there  ever  should  be 
any  dividends,  they  will  be  paid  into  the  public  treasury  to 
reduce  the  taxes  of  one  hundred  millions  of  people.  Allow 
me  to  suggest — and  I  ask  you  to  take  this  home  with  you— 
that  if  enough  money  is  paid  into  the  treasury  of  the  United 
States  to  lift  much  of  the  burden  of  taxation  from  the  backs 
of  an  hundred  millions  of  people,  some  of  us  will  get  stoop 
shouldered  carrying  the  load  and  paying  it  out  of  the  re- 
sources of  ten  millions  of  people. 

My  friends,  there  are  several  kinds  of  monopolies.  The 
federal  government,  under  the  constitution  of  the  United 
States,  without  relation  to  the  public  lands,  has  the  right 
to  control  every  monopoly  within  its  jurisdiction,  with  all 
of  the  authority  of  all  of  the -people.  Every  state  in  this 
union  has  all  of  the  powers  of  the  government,  so  far  as 
any  industry  or  monopoly  situated  within  that  state  is  con- 
cerned, to  control  that  monopoly  and  prevent  its  oppres- 
sively charging  the  people.  Hitherto,  in  the  history  of  the 
world,  in  .the  use  of  coal  and  wood  and  oil  for  fuel,  there  has 
been  no  means  whereby  the  hand  of  the  government  could 
be  placed  squarely  upon  the  source  of  heat  and  light  and 
energy  and  power  and  commerce,  and  so  the  law  of  supply 
and  demand  has  operated  through  the  history  of  the  world. 
But  in  these  later  years  there  has  come  the  developing  of 
electric  power,  and  with  that  development  there  has  come 
different  conditions,  and  every  drop  of  running  water  in  this 
state,  if  appropriated  to  the  use  of  the  people  of  this  state 
in  a  public  use,  it  is  subject  to  the  regulation  and  control 
of  the  state  as  to  rates  and  service.  It  is  the  first  time  in 
the  history  of  the  world  that  the  laws  of  a  country  could 
put  its  hand  upon  the  forces  of  heat  and  light  and  energy 
and  commerce  and  say  that  there  could  be  no  monopoly,  ex 
cept  as  the  law  might  say  was  fair  and  reasonable  and  just 
to  the  people  My  friends,  I  wish  simply  to  make  the  state 
ment  and  pass  on,  the  United  States  government  has  all  the. 
power  that  is  conferred  upon  it  by  the  constitution  of  the 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        353 

United  States,  and  no  man  stands  for  a  broader  exercise  of 
those  powers  than  I  do.  Every  state  in  this  union  has  all 
of  the  powers*  of  the  United  States  for  the  regulation  and 
the  control  and  the  protection  of  the  people  within  that 
state  from  monopoly.  But  neither  the  United  States  govern- 
ment nor  any  state  has  any  governmental  powers  except 
such  as  are  delegated  to  them  directly  by  the  people  through 
the  constitution  of  the  United  States  and  of  the  several 
states;  and  any  man  that  says  that  governmental  functions, 
governmental  control,  should  be  exercised  through  the  pub- 
lic lands  or  the  state  lands  denies  the  sovereignty  of  the 
people  and  the  constitutional  government  and  would  shear 
them  of  their  power  and  put  it  wherever  the  landlord  lived. 

So  far  as  I  am  concerned,  I  have  an  abiding  confidence 
in  the  capacity  and  the  ability  of  the  people  of  this  country 
ultimately  to  work  out  self-government,  ultimately  to  pro- 
tect themselves  from  monopolies,  but  let  me  suggest  that 
history  records  that  there  are  two  classes  of  monopolies, 
private  monopolies  and  official  governmental  monopolies. 
One  of  the  highest  functions  of  government  is  to  control 
private  monopolies,  and  they  can  be  controlled  and  they 
will  be  controlled  in  this  country,  not,  perhaps  to  the  satis- 
faction of  the  man  who  wants  to  agitate  and  preach,  but  to 
the  satisfaction  of  the  man  who  wants  a  square  deal  and  fair 
earnings  for  everybody. 

But  there  is  another  kind  of  monopoly,  a  monopoly  that 
can  not  be  controlled  by  the  people,  a  monopoly  that  has 
fastened  itself  upon  every  civilization  in  the  history  of  the 
world,  a  monopoly  that  is  responsible  for  four-fifths  of  the  ex- 
actions and  poverty  and  human  suffering  that  have  afflicted 
the  earth,  and  no  man  can  read  history  and  deny  it,  and 
that  is  where  the  powers  of  government  and  official  control 
have  become  vested  with  the  resources  of  the  people  and  the 
opportunity  to  earn  a  living.  So  far  as  I  am  concerned,  I 
do  not  stand  and  say  to  any  corporation  that  I  represent 
that  they  are  above  the  law.  No  corporation  that  I  repre- 
sent is  in  politics ;  no  corporation  that  I  represent  is  trying 
to  elect  any  officials;  no  corporation  that  I  represent  is  trying 


354  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

to  have  any  more  than  an  opportunity  to  do  honest  business 
and  assist  in  advancing  the  wheels  of  progress  and  the  ma- 
chinery of  government  in  the  right  direction.  If  that  is  not 
honorable  in  this  country,  then  I  want  to  say  to  you  that 
the  energy  and  resourcefulness  of  the  American  people  will 
soon  pass  away.  They  tell  us  that  the  people  of  this  coun- 
try, under  the  free  institutions  of  this  country,  have  de- 
stroyed more  than  the  people  of  Europe  in  the  whole  history 
of  Europe.  I  say  that  none  of  us  stand  here  to  defend  the 
wanton  destruction  of  any  resource.  Resources  are  for  use, 
to  be  passed  otherwise  unimpaired  to  succeeding  genera- 
tions. But  my  friends  seem  only  to  see  our  infirmities  and 
our  faults  and  the  burned-off  spots  in  the  forest.  If  it  is 
true  that  we  have  destroyed  more  than  the  people  of  Europe 
in  all  the  history  of  that  ancient  country,  I  undertake  to  say 
that  it  is  also  true  that  the  free  people  of  this  country,  tak- 
ing the  advantage  of  their  energy,  labors,  freedom  and  op- 
portunities, by  their  inventive  genius,  by  the  irrigation  and 
reclamation  of  lands,  by  the  development  of  electric  power, 
by  the  application  of  machinery  and  commercial  advance- 
ment, have  added  more  to  the  power,  the  potential  resour- 
ces of  the  world  and  elements  for  the  support  of  man,  than 
the  people  of  Europe,  Asia  and  Africa  have  in  the  whole 
recorded  history  of  the  world. 

It  is  all  right  to  have  the  blues  and  jaundice  some  of  the 
time,  but  we  ought  to  get  over  it  once  in  a  while. 

Now,  my  friends,  I  wish  to  say  to  you — and  I  appreci- 
ate your  courteous  attention  and  will  not  exhaust  your  time 
—I  want  to  say  to  you  a  few  words,  to  the  small  man  in  the 
mining  industry.  I  have  said  for  a  long  time  that  this  so- 
called  halo  of  conservation  would  over-shadow  every  indi- 
vidual that  sought  in  connection  with  the  public  domain  to 
develop  or  advance  or  better  his  own  condition  or  to  de- 
velop the  community  in  which  he  lived.  I  want  to  say 
frankly  that  I  do  not  yield  to  any  man  in  the  idea  that  gov- 
ernment should  be  honest,  and  that  business  should  be 
conducted  with  integrity.  I  do  not  look  down  upon  an> 
honest  man,  and  I  allow  no  living  man  to  look  down  upon 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        355 

me,  and  I  say  to  you  that  in  the  development  of  the  re- 
sources of  this  country  I  have  confidence  in  the  integrity, 
the  sane  governmental  sense  of  the  American  people,  and 
that  they  will  develop  its  resources  and  protect  themselves 
from  monopolies  and  from  wrong. 

Now,  a  word  about  the  mining  industry.  The  whole 
question  hinges  upon  whether  or  not  the  United  States  gov- 
ernment does  own  the  public  lands  as  a  selfish  proprietor 
in  the  interest  of  all  of  the  people,  whether  they  work  or 
whether  they  play,  and  therefore,  if  it  is  true  that  the 
United  States  government  has  thrown  away  our  millions 
and  our  millions  in  donating  lands  and  passing  them  with- 
out price  to  private  ownership— the  farms  and  forests  and 
mines  and  the  untold  wealth  that  lies  to  the  east  of  us— 
then  let  us  meet  the  situation  frankly.  If  it  be  the  duty  of 
the  United  States  Government  not  to  give  away  what  be- 
longs to  the  whole  people,  not  to  encourage  the  industries 
of  California  at  the  expense  of  what  belongs  to  the  whole 
nation,  but  to  adopt  Mr.  Graham's  anti-monopolistic  idea 
of  putting  up  the  oil  lands  to  the  highest  bidder  in  order  to 
give  the  poor  man  a  chance,  that  would  be  a  great  oppor- 
tunity, wouldn't  it,  for  the  poor,  small  man!  Let  us  meet 
the  issue  frankly.  The  United  States  Government  is  either 
a  government  or  a  landed  proprietor;  it  is  either  a  trustee 
or  a  selfish  owner;  and  I  have  heard  a  good  deal  of  talk 
about  the  miner  here  and  there  who  has  made  his  fortune 
and  his  stake  and  gone  smiling  to  his  luxury  and  to  his  re- 
pose. I  think  those  that  take  the  other  view  and  want  to 
follow  these  strange,  new  roads  to  old  conditions  such  as 
exist  in  the  Old  World,  where  the  government  beneficently 
allows  for  rents  and  taxes  and  royalties  the  common  people 
to  toil  that  the  government  may  have  navies  and  standing 
armies,  and  taxing  the  resources  of  the  people, — I  say,  that 
those  who  want  to  follow  these  strange  new  roads  to  those 
ancient  conditions  can  follow  them  without  me. 

I  once  tried  a  lawsuit  in  which  the  question  was 
whether  the  explorer  who  had  pinned  his  faith  on  the  shaly, 
oily  look  of  the  desert  and  spent  his  money  for  oil  was  en- 


356  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

titled  to  the  land  or  whether  the  fellow  that  had  traded  the 
United  States  Government  some  rocks  and  stumps  was  en- 
titled to  it,  and  in  that  case  I  had  to  meet  the  argument 
that  you  have  heard  today,  that  the  miner  was  getting  some- 
thing for  nothing.  I  speak  of  the  miner  because  he  is  the 
greatest  individualist  in  the  world.  He  says  goodbye  to 
society  and  to  school  and  to  home,  frequently  to  wife  and 
children;  his  luxury  is  in  the  woods  and  in  the  cabin  and  in 
the  lonely  gulch,  with  a  supply  of  sour  dough  and  bacon  and 
coffee,  and  he  works  and  toils;  and  we  have  seen  him  cross 
a  continent  and  develop  on  the  Pacific  shores  a  resource  that 
saved  this  Union  in  the  hour  of  peril  and  gave  back  a  re- 
stored nation.  I  have  seen,  not  many  years  ago,  when  the 
oil  miner  had  the  sympathy  of  his  friends  and  the  ridicule 
of  his  enemies  and  was  throwing  his  money  away,  and  the 
geologist  told  him  so,  but  he  went  on  and  developed  for  you 
and  for  me,  for  the  industries  of  this  state  and  nation,  a  re- 
source that  will  add  more  to  the  potential  wealth  and  ad- 
vancement and  prosperity  of  the  people  of  California  than 
all  the  gold  of  '49  and  ever  since. 

Those  who  desire  to  can  envy  the  individual  who  leaves 
all  behind,  and,  following  the  instincts  of  the  best  spirits 
that  have  ever  peopled  the  earth,  goes  out  and  seeks  to  bet- 
ter his  condition.  I  am  not  saying  that  everything  has  been 
ideal;  I  am  not  saying  that  everything  has  been  right  and 
just.  You  know  these  sudden  conversions  just  before  elec- 
tion and  just  before  Congress  meets  never  do  me  much  good. 
We  will  be  just  about  as  good  and  no  better  than  we  have 
been  in  the  years  gone  by.  Let  me  say  right  here  that  I 
believe  all  of  the  honesty  and  all  of  the  integrity  and  all 
of  the  virtue  on  earth  comes  from  the  home,  the  fathers,  the 
mothers,  the  schools  and  the  churches,  and  the  virtue  that  is 
rock-ribbed  enough  to  survive  the  reforms  and  abuses  of 
politics  is  the  highest  state  of  virtue  in  the  world,  and  a 
political  reform  is  a  "brainstorm"  and  nothing  else. 

I  want  in  conclusion  to  say  to  you  that  I  regard  this— 
there  are  great  men  on  the  other  side  of  this  movement,  and 
the  murmurings  against  the  constitution  of  your  country 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.         357 

and  against  the  decisions  of  the  courts  are  merely  that  the 
growth  and  the  development  of  your  civilization  has  crystal- 
ized  for  the  purpose  of  perpetuating  and  sustaining  the 
individual  man  and  giving  the  law  control  only  to  the 
extent  of  preventing  him  from  wronging  or  injuring 
society,  but  it  has  not  enthroned  society.  The  doctrine  we 
have  today  is  that  the  prospector  and  the  advance  agent  of 
industry  shall  be  no  more,  and  that  all  shall  be  done  by  the 
government,  that  all  of  the  resources  of  this  nation  shall 
belong  to  all  of  the  people.  Think  seriously  what  that 
would  have  meant  if  the  resources  of  this  nation  had  re- 
mained in  Uncle  Sam.  He  would  have  been  richer,  stronger, 
more  corrupt  and  autocratic  than  Koine  ever  was  in  the  days 
when  the  provinces  paid  tribute  to  her.  The  only  salvation 
of  the  country  is  to  preserve  the  integrity,  the  property 
rights  and  the  individual  capacity  of  the  individual  Amer- 
ican man. 

I  appeal  from  the  academicians  who  would  destroy  the 
base  of  our  civilization,  who  would  deny  the  verity  of  the 
constitution,  who  would  take  from  the  individual  his  incen- 
tive and  his  opportunity.  Let  me  say  to  you  that  it  does  no 
good  to  pedal  softly;  you  can  not  take  from  the  benefit  of 
the  many  without  shearing  the  few,  and  you  can  not  take 
from  the  benefit  of  the  individual  man  without  impairing 
the  incentive  and  opportunity  and  the  American  spirit  of 
the  individual  man. 

I  have  seen  the  mining  prospector,  as  he  followed  the 
lure  of  gold  go  far  into  the  mountain;  I  have  seen  him  de- 
velop the  oil,  I  have  seen  him  within  the  Arctic  Circle  wrest 
from  the  frozen  placers  of  the  north  the  wealth  that  would 
forever  have  remained  hidden  except  for  his  initiative,  in- 
dustry and  sacrifice.  I  have  seen  that  same  miner  as  his 
hair  turned  gray  and  his  head  bent  low.  I  have  seen  him 
when  the  loving  and  regretful  fingers  of  time  were  tracing 
the  inevitable  record  of  the  years  on  his  withering  frame. 
T  have  seen  him  work  on  and  hope  on  until  hope  and  labor 
went  out  with  the  last  rattle  of  his  breath.  My  fight  is,  my 
friends,  to  preserve  those  conditions,  those  liberties, 


358  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

opportunities,  to  cut  off  special  privileges  and  not  create 
them.  In  reply  to  the  theorists  of  today  who  would  say  that 
all  our  history  is  an  error,  that  all  our  government  is  founded 
upon  a  false  theory,  I  would  invite  them  to  review  the  his- 
tory, the  growth  and  the  progress  of  the  race  to  which  we 
belong;  to  appeal  from  them,-  to  the  records  of  Congress, 
to  the  decisions  of  the  Supreme  Court,  to  the  constitution  of 
our  country;  and  I  would  as  we  see  the  race  to  which  we  be- 
long stand  high  upon  the  hills  of  civilization  and  progress 
that  that  appeal  could  be  taken  from  the  judgment  of  man 
to  the  throne  of  heaven,  "for  the  judgments  of  God  are  true 
and  righteous  altogether." 


ADDRESS  OP  HON.  S.  C.  SMITH, 
Bakersfield,  Calif. 

Friends  and  Fellow  Citizens:  If  we  knew  that  the  res- 
olutions just  presented  would  be  adopted  we  would  probably 
adjourn  today's  session  and  devote  ourselves  to  pleasure, 
or  else  take  up  some  other  subject,  for  if  it  be  the  pleasure 
of  the  Congress  that  it  shall  not  express  any  opinion  upon 
the  oil  mining  industry  it  would  not  be  very  profitable  to 
take  up  the  time  in  its  discussion.  But  I  have  been  asked 
to  say  something  about  the  oil  industry  and  will  do  so  as 
briefly  as  I  can. 

Logically,  the  subject  ought  not  to  be  here,  for  boring 
a  hole  in  the  ground  and  pumping  a  fluid  out  is  not  mining 
in  the  general  meaning  of  the  term;  but  geologists  classify 
oil  as  mineral,  and  the  public  land  laws,  which  engage  a 
large  portion  of  your  attention  here,  recognize  oil  bearing 
lands  as  mineral  lands,  and  therefore  it  comes  within  the 
purview  of  the  general  subject  of  mining  matters. 

The  history  of  the  laws  with  reference  to  oil  develop- 
ment and  the  acquisition  of  oil  territory  is  very  brief. 
About  fifteen  years  ago  some  enterprising  citizen  bored  a 
hole  in  the  ground  and  found  strata  of  oil  bearing  sand  on 
the  public  domain.  There  appeared  to  be  no  law  exactly 
fitted  to  its  acquisition,  and  Congress— I  think  somewhat 
hastily,  perhaps — passed  a  short  statute  saying  such  land 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        359 

might  be  acquired  under  the  Placer  Mining  Act.  Now,  the 
mining  laws  are  a  little  peculiar  and  different  from  other 
land  laws  in  that  they  do  not  limit  the  number  of  claims 
which  one  may  take  up.  The  law  has  long  allowed  eight 
persons  to  join  in  making  a  placer  location,  and  hence  the 
practice  grew  up  in  this  state,  where  the  oil  bearing  public 
lands  are,  for  one  to  take  a  group  of  eight  names  and  locate 
a  quarter  section,  and  then  locate  the  next  one,  and  the  next 
one,  until  very  large  bodies  of  land  were  brought  under  one 
claim  and  one  ownership.  When  the  President  heard  of 
that  condition  of  affairs  about  a  year  ago  he  undertook  to 
suspend  the  operations  of  the  placer  mining  law  as  applied 
to  oil  lands  and  there  was  made  what  we  understand  to  be 
the  withdrawal  order  of  September  29,  1909.  There  was  a 
doubt  in  the  President's  mind,  and  also  in  the  mind  of  the 
Secretary  of  the  Interior,  as  to  whether  they  had  the  author- 
ity to  withdraw  land  from  entry,  which,  in  other  .words,  is 
suspending  the  operation  of  an  Act  of  Congress  and  the 
President  therefore  sought  and  was  given  what  is  known 
as  the  Pickett  Act,  which  does  authorize  him  to  suspend 
the  operation  of  the  law  or  to  withdraw  certain  lands  from 
the  market — not  particularly  oil  lands  alone  but  all  kinds 
of  lands  and  water  power  sites  and  public  affairs  of  that 
kind. 

Now,  we  are  in  this  condition:  Following  the  enact- 
ment of  the  Pickett  law,  he  renewed  the  order  of  Septem- 
ber 27th  so  as  to  be  surely  within  the  limit  of  his  powers, 
and  we  now  have  a  large  amount  of  public  land  out  of  the 
market,  and  the  question  presented  to  this  Congress,  and 
which  will  be  presented  to  the  Federal  Congress,  is,  upon 
what  terms  should  it  be  put  back  in  the  market?  I  think 
there  is  no  division  of  opinion  in  any  quarter  as  to  the  vir- 
tue of  restoring  this  land  to  entry  in  some  manner  so  that 
it  may  be  acquired,  and  development  proceed.  Commerce 
wants  the  fuel  and  the  heat,  and  there  it  lies  in  the  ground 
dormant  and  it  should  be  brought  out  and  given  to  the  af- 
fairs of  the  world  in  such  proper  manner  as  we  shall  de- 
cide to  be  just. 


360  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

Three  propositions  have  been  presented,  as  I  have  dis- 
covered, for  the  restoration  of  these  lands  to  entry.  First 
let  me  say  a  word  with  reference  to  the  status  of  claims  that 
have  been  initiated  before  the  withdrawal.  There  is  much 
distress  of  mind — and  I  knew  it  would  follow — as  to  what 
is  going  to  be  the  outcome  of  those  who  had  initiated  claims 
but  had  not  yet  perfected  their  entries.  The  Pickett  bill 
provided  that  those  who  had  entered  ill  good  faith  and  ex- 
pended money  in  the  search  for  oil  and  were  in  the  prosecu- 
tion of  their  efforts  should  not  be  affected  by  the  with- 
drawal, which  means,  I  understand,  that  they  shall  be  per- 
mitted to  proceed  to  patent  in  the  old  fashioned  way;  but 
we  found  in  the  meetings  before  the  public  land  committee 
that  there  was  every  conceivable  difference  of  claim,  from 
the  one. on  which  a  hundred  thousand  dollars  or  more  had 
been  expended  down  by  gradual  gradations  to  the  very 
thin  point  where  one  had  merely  posted  a  notice  on  the 
land  asserting  his  claim  to  it  but  had  made  no  discovery  of 
mineral.  Now,  evidently  Congress  could  not  very  well 
strike  a  line  and  say  all  above  this  may  be  patented  and  all 
below  shall  not  be.  It  is  in  the  nature  of  an  equitable  mat- 
ter that  must  be  worked  out  very  largely  each  case  upon  its 
own  bona  fides,  and  I  doubt  whether  Congress  can  draw  a 
line  that  would  do  justice  to  all  cases  without  examining 
each  case  specifically,  which  of  course  can  not  be  done. 
My  suggestion  on  that  point  is  this — that  each  one  present 
his  case  upon  the  facts,  and  if  any  injustice  shall  be  done 
under  a  general  law  then  relief  must  be  sought  by  some 
special  act  covering  these  special  cases;  and  this  general  re- 
mark applies  to  the  other  class  of  cases  where  eight  people 
have  made  an  entry  and  subsequently  conveyed  to  one  or 
two  persons  and  the  department  holding  that  those  one  or 
two  persons  can  not  make  the  discovery  applicable  to  the 
eight  claims.  That  question  is  in  the  category  of  a  lawsuit 
at  present,  and  I  do  not  care  to  discuss  it,  further  than  to 
say  that  if  it  be  not  decided  in  a  way  that  is  equitable  and 
fair  to  those  who  have  made  considerable  expenditures 
then  relief  may  be  sought  from  Congress;  and  if  I  con- 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.         361 

tinue  to  be  a  member  I  shall  gladly  aid  in  the  passage  of 
legislation  that  will  do  justice  to  these  people. 

Now,  there  are  three  plans  proposed  for  restoring  the 
public  land  to  entry.  One  is  the  leasing  system,  by  which  it 
is  proposed  that  the  government  shall  take  possession  as 
landlord  and  allow  the  citizens  to  go  in  and  develop  the 
property  and  pay  to  the  government  a  royalty  either  in  oil 
or  in  cash.  I  have  never  been  quite  convinced  whether  this 
plan  aims  at  deriving  a  revenue  from  the  government  or 
whether  it  has  in  mind  a  supervisory  power  over  the  daily 
operations  of  the  oil  operator.  I  would  like  to  say  to  the 
Congress  at  this  point  that,  so  far  as  my  reading  goes,  this 
discussion  as  to  leases,  etc.,  applies  to  all  kinds  of  mineral 
development.  Eastern  magazines,  eastern  speakers  of  much 
note,  eastern  publications  of  all  characters  are  discussing 
this  matter,  and  they  use  the  term  "mineral,"  not  "oil." 
It  is  much  the  habit  nowadays  to  send  out  a  few  questions  to 
your  Congressman  and  see  whether  he  is  for  this  or  that 
or  the  other  thing.  Everybody's  Magazine,  which  has  some 
reading  clientage  at  least,  sends  out  a  document  containing 
nine  specific  questions  to  me  asking  this: 

"If  elected  to  Congress  will  you  vote  for  Mr.  Cannon 
for  speaker  ?"  —which  does  not  enter  into  the  mining  ques- 
tion I  guess : 

"No.  8.  For  a  bill  to  prevent  the  government  from 
selling  any  more  of  its  mineral  deposits  ? ' '  —that  does  not 
say  oil,  that  says  mineral.  i '  The  same  to  be  leased  at  ade- 
quate rentals  and  for  moderate  periods."  And  the  dis- 
cussion that  runs  through  the  press  and  the  public  speak- 
ing I  think  in  all  cases  refers  to  mineral  as  a  general  prop- 
osition, therefore  this  may  interest  the  gold  miner  and 
the  copper  miner  as  well. 

The  second  proposition  is  a  long  way  in  advance,  and 
in  a  sense  a  continuation  of  this  suggestion  of  leasing.  It 
is  being  asserted  by  many  eastern  men  and  publications 
that  the  mining  industry  should  be  conducted  along  this 
}me — that  the  operator  shall  be  allowed  a  reasonable  com- 
pensation for  his  time  and  his  money  and  his  effort,  but  that 


362  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

"the  velvet "  shall  go  to  the  nation— shall  go  into  the  Fed- 
eral Treasury.  That  is  brought  in  under  this  very  alluring 
expression — "for  the  benefit  of  all  of  us."  I  think  that  is 
about  my  only  chance  to  get  in  on  the  mining  industry. 
(Laughter  and  applause.)  I  have  lived  in  Kern  County  for 
twenty-five  years,  and  have  seen  the  oil  development  there, 
but  have  not  felt  any  of  it  in  my  pocket,  and  I  think  this 
doubtful  scheme  for  developing  these  things  for  the  benefit 
of  ' l  all  of  us ' '  will  let  me  in  perhaps. 

The  third  proposition  is  old  fashioned,  and  therefore 
unpopular  at  this  time;  it  contemplates  the  patenting  of 
mines  after  due  process  of  work  and  development  and  the 
payment  of  a  small  sum,  just  as  has  been  done  in  the  past 
with  reference  to  all  kinds  of  mineral  lands. 

Now,  let  me  examine  these  three  propositions  as  briefly 
as  I  can,  for  my  time  is  limited.  If  the  first,  the  leasing 
proposition,  be  for  the  purpose  of  securing  a  revenue  for 
the  government,  it  is  utterly  under  condemnation,  because 
of  its  unfairness  and  inequity.  If  some  one  would  come 
forward  with  a  proposition  to  lay  a  tax  on  all  oil  develop- 
ment in  the  United  States,  or  on  all  mineral  development 
in  the  United  States,  that  could  be  justified.  At  one  time 
in  the  history  of  this  government  they  laid  a  tax  on  all  the 
aristocrats  who  rode  in  carriages.  Nowadays  that  burden 
would  fall  on  the  poor-the  very  poor,  because  people  in 
every  day  and  ordinary  walks  of  life  ride  in  automobiles 
and  flying  machines. 

Again,  we  laid  a  tax  on  everybody  who  raised  tobacco 
or  made  whiskey  or  spirits  of  any  kind,  and  we  do  yet,  and 
I  have  no  doubt  that  a  law  would  be  constitutional  if  laid 
on  everybody  who  raises  oats  or  who  pumps  oil  out  of  the 
ground,  and  if  the  government  were  in  need  of  revenue 
and  seeking  extraordinary  fields  for  it  and  should  lay  a  tax 
—I  am  discussing  the  leasing  question  now  as  a  matter  of 
revenue — should  lay  a  tax  on  oil  production  in  every  state 
it  could  be  defended  on  the  ground  of  its  equitableness  at 
least;  but  the  proposition  here  is  not  that  you  will  single 
out  a  state,  which  would  be  an  outrage;  not  that  you  would 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        363 

single  out  a  county,  which  would  be  a  greater  outrage;  but 
that  you  shall  lay  this  burden  of  taxation  upon  the  even 
section  and  not  upon  the  odd  one.  Men  declare  themselves 
hostile  to  the  "special  interests,"  and  in  the  same  breath 
they  say,  "Let  us  lay  the  burden  of  taxation  upon  the 
humble  citizen  who  has  five  acres  or  ten  acres  or  whatever 
his  holding  may  be,  but  lay  no  tax  upon  the  great  railroad 
corporations  who  have  acquired  the  odd  sections  through- 
out the  country."  It  may  be  that  the  odd  sections  should 
be  returned  to  the  government  if  they  are  not  entitled  to 
them;  I  am  not  passing  any  opinion  upon  that,  because  I 
have  not  studied  the  question;  but  even  then,  as  applied  to 
the  state  of  California,  we  would  have  this  situation:  If 
we  gathered  the  odd  sections  back  to  the  bosom  of  the  gov- 
ernment, speaking  locally,  we  would  lay  a  tax  upon  the  oil 
industry  in  Kern  and  Fresno  counties,  but  we  would  not 
lay  any  burden  of  taxation  for  any  support  of  the  govern- 
ment upon  Santa  Barbara  or  Los  Angeles  counties  for  there 
all  lands  are  patented.  Now,  can  we  defend  a  scheme  of 
taxation  that  reeks  with  inequality  as  that  does?  I  say  no. 

Now,  as  to  the  second  proposition — and  that  applies  to 
all  kinds  of  mining  also:  If  you  go  in  and  lo£>e,  you  lose; 
that  is  all  there  is  to  it;  they  forget  you.  But  (if  you  go  in 
and  win,  find  a  mine  or  strike  oil,  why,  you  may  have 
wages,  a  percentage,  but  Uncle  Sam  will  take  l  i  the  velvet. ' ' 
Can  you  develop  a  mine  upon  that  basis?  What  about  the 
prospector? 

One  of  the  greatest  citizens  God  ever  created  is  the 
prospector,  God  bless  his  courageous  spirit!  I  hope  he  will 
live  through  all  eternity;  but  I  never  yet  have  heard  of  a 
prospector  who  slung  grub  stake  over  his  shoulder  and  took 
his  pick  and  shovel  in  his  hand  and  pushed  his  burro  in 
front  of  him  who  was  looking  for  wages  and  interest  on  the 
burro.  (Laughter.)  Now  as  to  you  gentlemen  who  come 
later  and  develop  the  mine.  I  think  our  eastern  friends  have 
a  hallucination  that  every  prospect  is  a  mine,  but  I  think  I 
could  get  pretty  nearly  a  unanimous  vote  in  this  audience 
that  it  is  not.  Will  you  go  in  and  spend  your  thousands  and 


3*>4  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

hundreds  of  thousands  of  dollars  in  the  development  of  the 
mining  wealth  of  this  country  on  the  prospect  of  a  per  cen- 
tage  on  your  investment?  Men  will  build  public  service  af- 
fairs, like  street  cars,  etc.,  on  a  made-by-law  profit,  because 
they  can  see  what  the  field  is;  but  in  this  business  of  ex- 
treme hazard,  both  oil  and  metalliferous  mining,  who  will 
go  in,  who  will  venture  his  fortune  in  the  greatest  and  most 
important  industry  in  the  world,  albeit  the  most  hazardous, 
with  the  hope  of  reward  of  only  a  per  cent  fixed  by  law  i  If 
the  proposition  were  not  being  presented  by  some  very 
eminent  and  respectable  publications,  like  the  "Outlook" 
and  other  magazines  of  character,  I  should  be  inclined  to 
say  it  was  absurd  and  not  worthy  of  the  serious  considera- 
tion of  the  American  people. 

As  to  the  third  proposition — shall  the  public  domain 
pass  to  patent  and  let  the  American  citizen  continue  to  own 
in  fee  the  property  of  which  he  is  possessed  1 

That  is  the  question.  In  order  to  understand  the  entire 
bearing  of  that  question  I  must  review  a  little  of  the  history 
of  the  United  States  land  laws — and  first,  before  I  do  that, 
1  want  you  to  differentiate  between  the  word  "natural" 
resources  and  "national"  resources.  Our  mines  and  our  oil 
lands  and  our  agricultural  lands  and  our  water  powers  are 
natural  resources  and  not  national  resources.  Uncle  Sam 
does,  not  own  them;  they  are  the  gifts  of  nature  to  the  people 
who  enter  in  and  possess  them  and  make  them  yield  to  the 
needs  and  the  blessings  of  all  the  people.  And  if  we  can 
break  up  the  habit  of  calling  these  national  resources  we  will 
have  gone  a  long  ways  toward  clearing  the  atmosphere  and 
getting  ready  for  final  action. 

Now,  the  public  land  policy  of  the  United  States  from 
the  beginning  of  the  government  has  been  not  to  make 
money,  not  to  enrich  the  treasury,  but  to  parcel  out  the  re- 
sources of  the  country  as  nature's  gifts  to  the  individual. 
This  whole  scheme  of  government  is  founded  upon  the  doc- 
trine of  individualism,  and  God  grant  that  we  shall  never 
depart  from  it.  We  have  said  to  the  farmer;  You  may  enter 
in  and  possess  yourself  of  a  small  amount,  enough  to  give 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        365 

you  a  start  in  the  world.  We  have  said  to  the  timber  man, 
You  may  go  and  take  a  small  acreage;  we  made  no  limit  in- 
the  case  of  the  miner,  because  the  district  organizations  took 
care  of  that  and  said  that  one  may  have  one  claim  or  two, 
and  regulated  the  amount;  and  under  that  system  we  have 
grown  to  be  a  great  people,  prosperous  in  our  individual  af- 
fairs and  independent  of  everybody.  Now  shall  we  abandon 
that  policy  and  resort  to  a  scheme  of  tenancy  where  some 
one  will  be  the  overlord  to  direct  our  daily  affairs  and  take 
from  us  the  wealth  which  we  create,  which  we  dig  out  of 
the  ground? 

Now,  I  say  the  oil  land  law — and  I  will  speak  specif- 
ically of  that  at  this  moment — needs  about  one  or  two  things. 
The  placer  location  has  not  been  satisfactory,  because  the 
location  outran  the  discovery,  and  between  the  point  of  loca- 
tion and  discovery  there  was  not  much  security  of  tenure, 
and  we  need  a  law  by  which  the  citizen  can  go  to  some  office 
of  the  government,  I  don't  care  which  one  it  is,  and  make 
an  entry  of  a  reasonable  acreage  and  be  absolutely  secure 
in  his  possession  of  that  until  such  time  as  he  may  prove  its 
character — two  or  three  or  five  years,  or  whatever  it  may 
be — but  he  wants  a  title  that  he  can  go  to  court  and  defend— 
and  then  he  won't  have  to  defend  it  at  all,  for  American 
citizens  will  respect  his  rights.  We  want  a  law  which  will 
enable  you  to  go  and  enter  a  reasonable  amount — the  acre- 
age to  be  worked  out  according  to  different  conditions  and 
circumstances — and  then  know  that  you  have  the  rightful 
possession  of  that  for  such  number  of  years  or  months  as 
will  enable  you  to  bore  the  well  and  determine  its  char- 
acter. 

There  are  many  items  of  detail  that  I  shall  not  take  the 
time  to  discuss.  But  I  announce  myself  to  be  in  favor  of  a 
law  which  will  allow  mining  development  of  all  kinds,  in- 
cluding oil,  to  proceed  along  the  old  fashioned  way  of 
leading  to  a  patent,  that  every  citizen  may  have  what  he  has 
and  control  it  and  dispose  of  it  as  every  American  citizen 
desires  to  do  with  that  which  is  his. 


866  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

I  consider  it  exceedingly  important  that  the  oil  opera- 
tors and  the  business  men  and  the  people  interested  in  the 
oil  business  of  California  should  get  together  on  some  plan 
so  that  their  representatives  in  Congress  may  know  what 
to  do,  and  may  have  the  backing  and  the  support  of  public 
opinion,  and  that  quite  unanimously. 


ADDRESS  OF  HON.  CHAS.  A.  BARLOW, 
Bakersfield,  Calif. 

Mr.  Chairman  and  Fellow  Citizens:  I  expect  that  it  is 
probably  proper  that  one  Kern  county  man  should  follow 
another,  but  my  views  as  to  the  attitude  of  oil  men,  or  rather 
the  attitude  we  desire  the  Eepresentatives  of  the  Mining 
Congress  here  assembled  to  take,  are  very  different  from  the 
views  of  my  friend  Mr.  Fox,  who  preceded  me.  The  oil  men 
of  California  are  simply  asking  for  justice,  and  we  feel  that 
we  can  help  our  cause  and  strengthen  our  position,  if  we 
have  our  demands  endorsed  by  such  a  representative  body 
of  men  as  I  see  before  me.  If  we  were  trying  to  get  anything 
that  was  not  right,  or  if  there  was  anything  that  we  were 
trying  to  cover  up  or  hide  from  you,  then  we  might  be  in- 
clined to  refrain  from  presenting  the  matter  to  you  and  give 
an  excuse  that  we  feared  that  you  might  not  understand  it, 
but  standing  as  we  do  for  justice  and  fair  play,  we  feel  that 
a  matter  that  is  so  simple  and  easy  of  comprehension  as 
this  oil  problem  will  be  easily  understood  by  you;  to  feel 
otherwise  would  be  to  cast  a  slur  on  your  judgment  and  in- 
telligence that  I  would  not  like  to  be  guilty  of,  and  I  would 
ask  that  you  do  not  take  the  statement  of  Mr.  Fox,  to  mean 
anything  of  that  kind. 

We  believe  that  the  attitude  of  the  oil  men  and  their 
views  on  the  vital  questions  that  need  immediate  attention 
and  early  adjudication  are  fully  set  forth  in  a  short  resolu- 
tion which  was  adopted  by  the  Kern  County  Board  of  Trade, 
of  which  I  have  the  honor  to  be  President.  I  have  a  copy 
of  the  resolution  and  with  your  indulgence  will  read  it. 

"Whereas,  a  large  delegation  of  representative  citizens  met  with 
the  Board  of  Trade  of  Kern  County  at  its  regular  meeting  and  pre- 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        367 

sented  their  views  as  to  a  just  and  equitable  solution  of  the  uncer- 
tainties that  now  confront  those  who  have  been  engaged  in  and  are 
now  active  in  opening  up  the  wonderful  resources  of  our  County  ana 
State,  and 

"Whereas,  it  is  believed  to  be  for  the  best  interests  of  all  con- 
cerned that  an  expression  of  their  views  should  be  voiced  by  this  Board 
of  Trade;  therefore,  on  motion  of  Mr.  Hall,  seconded  by  Mr.  Paine,  the 
following  resolution  was  passed  unanimously: 

"  'Resolved,  that  we  are  opposed  to  any  system  of  leasing  of  oil 
land  by  the  government,  as  experience  in  this  line  has"  proven  it  to  be 
a  certain  means  cf  turning  the  control  of  these  resources  over  to  large 
aggregations  of  capital.  That  with  two  slight  amendments  to  the 
present  law,  the  right  of  all  fair  minded  men  will  be  protected  and 
justice  and  equity  meted  out  to  all.  The  first  should  provide  that  all 
locations  must  be  recorded  in  the  general  Land  Office,  and  when  so 
recorded,  no  other  location  can  be  placed  upon  that  land,  until  it  is 
proven  by  process  of  law,  that  the  first  location  is  null  and  void,  because 
of  non-compliance  by  claimant,  with  the  requirements  of  the  govern- 
ment. The  second  should  limit  the  acreage  that  could  be  taken  by 
any  one  man  and  provide  a  heavy  fine  and  imprisonment  for  any  viola- 
tion of  this  provision.' 

"And  it  is  believed  at  this  time  it  is  fitting  and  proper  that  we 
should  express  our  conviction,  that  any  citizen  of  the  United  States,  who 
prior  to  the  legal  withdrawal  of  July  3,  1910,  was  engaged  in  acquiring 
title  to  oil  lands  under  the  laws  of  the  land  and  the  decisions  of  the 
courts,  should  be  protected  in  his  rights  and  patents  issued  to  those 
who  have  earned  them  by  faithful  compliance  with  all  such  require- 
ments." 

With  these  two  amendments  to  the  law  that  has  grown 
up  during  the  past  ten  years,  through  court  decisions  and  in- 
terpretations and  rulings  of  the  Land  Office,  every  legiti- 
mate oil  operator  can  get  what  he  may  be  entitled  to,  and 
that  is  what  he  should  have,  and  that  is  all  any  of  them 
desire. 

Mr.  Smith  has  expressed  our  views,  I  think  so  cleverly, 
that  I  am  not  going  over  that  ground,  but  there  is  one  phase 
of  the  situation  that  I  want  to  speak  to  you  about.  Recently 
we  had  one  of  the  foremost  men  in  this  Conservation  move- 
ment in  our  county  and  we  showed  him  through  the  various 
oil  fields,  and  while  in  the  Midway  Field,  on  top  of  what  is 
known  as  '  *  25 ' '  hill,  about  the  center  of  the  field,  I  pointed 
out  to  him  the  developed  territory  extending  for  25  miles  to 
the  Northwest  and  then  turned  and  pointed  out  to  him  that 
it  extended  a  similar  distance  to  the  southeast  and  looking 
out  over  the  valleys  and  hills  to  the  northeast  we  could  see 
development  work  extending  over  a  territory  more  than  20 
miles  in  width.  In  this  vast  extent  of  territory  there  are 
many  flowing  wells,  producing  from  5,000  to  90,000  barrels 


368  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

per  day,  many  other  completed  wells  that  were  sanded  up 
or  capped  in  and  lying  idle,  because  the  present  shipping 
facilities  were  inadequate  to  handle  the  present  production, 
.and  I  asked  him  if  it  did  not  impress  him  with  the  convic- 
tion that  the  oil  resources  were  almost  unlimited;  he  replied 
"Oh,  no,  there  is  no  such  thing  as  a  natural  resource  in  un- 
limited quantities,  and  on  one  point  I  want  to  make  myself 
clear,  namely,  that  the  Government,  through  some  method 
or  other,  must  absolutely  control  and  regulate  the  amount 
of  development  of  any  of  its  natural  resources."  I  will  say 
right  here,  that  we  had  been  trying  for  two  days  to  get  some 
expression  of  opinion  from  this  gentleman  and  this  was  the 
only  one  that  I  ever  could  get  from  him. 

I  am  speaking  of  a  representative  man,  and  by  the  way, 
I  will  say  that  it  was  Mr.  Pinchot,  who  is  one  of  the  most 
delightful  and  pleasant  gentlemen  I  ever  met  in  all  my  life, 
one  of  the  most  honest  and  sincere  of  men,  whose  friendship 
I  prize  highly  and  hope  ever  to  retain,  but  he  is  not  the  prac- 
tical kind  of  a  man  to  offer  a  practical  solution  for  the  con- 
ditions that  we  are  troubled  with  today. 

Now  just  consider  for  one  moment  where  this  declara- 
tion would  lead  us  to.  The  Government  is  to  control  the 
amount  of  development  of  oil;  the  Government  shall  say 
how  much  oil  shall  be  produced;  then  the  Government  will 
have  the  power  to  fix  the  price  of  oil — for  whoever  controls 
the  supply  of  any  commodity  fixes  the  price — and  if  we 
give  the  Government  control  of  prices  of  products  where 
will  this  lead  us  to!  One  administration  will  say  that  oil 
shall  be  worth  and  sell  for  one  dollar  per  barrel  and  we  will 
regulate  the  amount  of  development  so  that  the  price  shall 
be  one  dollar  per  barrel.  Four  years  later  we  have  a  new 
administration  and  they  will  determine  that  the  price  shall 
be  25  cents  per  barrel  and  so  regulate  the  development  that 
the  price  shall  be  25  cents  per  barrel.  What  do  you  think 
of  such  a  Government  and  such  a  system?  We  would  eject 
into  our  economic  system  a  false  regulator  of  prices  and 
when  we  do  this  we  will  enter  upon  a  deplorable  era  in  our 
National  life.  It  will  jeopardize  our  Government,  in  my 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        369 

judgment,  because  nothing  should  regulate  prices  but  the 
natural  law  of  supply  and  demand  and  the  evils  that  we 
have  today  and  are  suffering  from  most  in  this  country, 
are  caused  by  laws  that  are  on  the  statute  books,  setting 
aside  this  natural  law  of  supply  and  demand. 

As  we  have  some  very  able  and  distinguished  men  who 
are  to  address  us  and  go  into  the  details  of  these  questions,  I 
will  not  trespass  upon  your  time  any  longer  except  to  say, 
that  all  of  us  are  conservationists.  I  am  strongly  in  favor  of 
conservation  if  you  will  allow  me  to  define  conservation. 
It  reminds  me  a  good  deal  of  a  story  told  by  Governor  Lind, 
of  Minnesota,  while  in  our  office  a  few  days  ago.  He  was 
talking  with  a  friend  of  his  on  the  general  topics  of  the  day 
and  finally  said  "Sam,  how  do  you  stand  on  the  new  ques- 
tions that  are  attracting  the  attention  of  the  people  today. ' ' 
< <  Why, ' '  Sam  replied,  '  *  I  am  a  Conservationist. ' '  The  Gov- 
ernor said:  "Why  are  you  a  Conservationist?"  Sam  re- 
plied, "I  am  bitterly  opposed  to  all  these  abuses  that  are  so 
apparent  to  all  people  and  that  seem  to  be  growing  on  every 
hand  in  all  walks  of  life."  The  Governor  replied,  "That  is 
good;  what  is  your  remedy!"  Sam  replied,  "Why,  Gover- 
nor, I  am  a  Conservationist. ' '  Now  I  listened  to  an  address 
last  night,  and  was  deeply  interested  in  it  and  I  listened  for 
some  practical  remedy  or  suggestion,  and  the  only  thing 
that  could  be  gathered  from  the  address,  was  that  we  are 
all  invited  to  get  on  the  band  wagon.  We  were  not  told 
where  it  was  going,  but  just  invited  to  "get  on  the  band 
wagon."  And  today,  if  I  were  asked  to  explain  what  the 
speaker  stood  for  as  a  Conservationist  and  what  remedy  he 
offered  to  correct  the  abuses  of  today,  that  we  all  realize 
are  so  apparent,  I  would  have  to  reply  about  as  Sam  did 
to  Governor  Lind,  when  asked  for  a  remedy,  "I  am  a  Con- 
servationist. ' ' 


ADDRESS  OF  MR.  THOS.  E.  GIBBON, 

Lcs  Angeles,  Calif. 

Mr.  President  and  Gentlemen  of  the  Mining  Congress: 
Although  I  have  in  my  time  had  some  interest  in  mining, 
as  I  presume  almost  every  Western  man  has,  and  I  now 


370  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

have  some  interest  in  mining;  although  I  have  had  some  in 
terest  in  that  particular  kind  of  mining,  the  production  of 
oil,  and  have  some  interest  of  that  kind  at  the  present  time. 
I  do  not  want  to  talk  to  the  members  of  this  Convention 
from  the  standpoint  of  a  mining  man  so  much  as  from  the 
standpoint  of  a  citizen  of  the  United  States: — a  man  who 
endeavors  to  do  his  duty  toward  his  country  and  his  fellow 
citizens,  and  whose  chief  interest  in  life  is  trying  to  provide 
for  a  chance  for  those  who  are  coming  after  him. 

Now,  it  is  a  very  curious  thing  to  me  that  the  most 
strenuous  opposition  to  the  conservation  program  that  the 
government  entered  upon  some  three  years  ago,  has  not  come 
from  the  miner — the  individual  miner  to  whom  the  gentle- 
man who  has  just  taken  his  seat  has  paid  such  eloquent  tri- 
bute. I  have  yet  to  hear,  a  protest  from  those  men,  and  I 
number  a  good  many  of  them  among  my  acquaintances.  I 
have  some  acquaintances  who  have  prospected  the  deserts 
of  Nevada,  Arizona  and  California  for  years  with  a  burro 
for  a  companion  and  a  pick  for  their  implement  of  industry. 
I  have  not  heard  these  men  complaining  of  the  government 's 
scheme  for  conservation  of  natural  resources. 

The  most  serious  complaints  that  I  have  heard  or  have 
read  of,  have  come  from  men  like  the  Guggenheims.  They 
are  absolutely  opposed  to  conservation.  I  want  to  say  right 
here  that  I  do  not  agree  with  some  of  the  ideas  of  conserva- 
tion that  have  been  enunciated  before  you,  and  I  do  not 
believe  that  the  friends  of  conservation  mean  what  some  of 
the  speakers  woud  have  you  believe  they  mean. 

I  want  to  say  further  that  I  think  it  is  an  unworthy 
appeal  to  prejudice  in  treating  a  great  cause  to  say  to  the 
Western  people  that  you  must  not  favor  this  idea  of  the  gov- 
ernment taking  care  of  the  public's  resources  because,  for- 
sooth, those  Eastern  fellows  are  a  part  of  the  government 
and  they  have  used  up  their  resources,  and  will  get  a  part 
of  your  Western  resources  if  you  do  not  look  out.  Now. 
gentlemen,  if  we  get  right  down  to  the  cold  legal  facts  of 
the  case  with  reference  to  the  Western  resources  owned  by 
the  government,  they  are  these.  I  can  imagine  this  sort  of 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        371 

a  conversation  occurring  between  a  citizen  of  California 
and  a  citizen  of  Maine.  The  citizen  of  California  says  to 
the  man  from  Maine,  "You  fellows  have  started  something 
you  call  conservation,  to  get  an  interest  in  the  public  lands 
out  in  California.  You  know  you  are  not  entitled  to  any 
part  of  those  lands:  they  belong  to  California  and  Calif or- 
nians."  But  the  Maine  man  might  say,  "My  dear  sir,  if 
you  will  read  your  history  you  will  find  that  something 
more  than  half  a  century  ago  the  then  United  States  ot 
America,  which  did  not  include  California,  and  of  which  Cal- 
ifornia was  not  a  part,  bought  California  from  Mexico  for 
a  certain  number  of  millions  of  dollars  and  my  forefathers 
paid  a  part  of  the  taxes  that  raised  those  millions  of  dollars 
that  were  paid  for  California.  Now,  when  your  territory 
was  set  up  as  a  state,  the  government  of  the  United  States 
which  had  bought  and  owned  it  all  said,  'As  a  state  we  will 
confer  certain  properties  upon  you,  but  we  will  retain  cer- 
tain lands  within  your  borders.  We  bought  those  lands: 
we  paid  for  them:  they  were  paid  for  by  the  taxes  raised  by 
the  national  government  from  the  people  all  over  the  nation. ' 
We  retained  those  lands:  they  were  retained,  it  is  true,  to  be 
used  for  the  best  interest  of  the  public,  but  we  still  kept 
out  and  expect  to  use  those  lands  for  the  benefit  of  all  the 
public  of  the  whole  country." 

Now,  if  the  man  from  Maine  were  to  say  that  and  to 
say  as  one  of  the  descendants  of  the  man  who  paid  taxes  to 
raise  the  money  that  was  paid  to  Mexico  for  California's 
territory,  "I  as  a  citizen  of  the  United  States  at  large, 
have  an  absolute  property  interest  in  those  lands, ' '  he  would 
not  tell  anything  but  the  plain  legal  truth,  and  he  would  not 
appeal  to  anything  but  a  sense  of  equity  and  fairness  should 
he  insist  upon  enforcing  that  property  interest.  But  I  do 
not  understand  that  the  idea  of  conservation  means  that  the 
people  of  the  East  are  trying  to  get  their  fingers  on  some- 
thing that  the  government  owns  in  this  state,  and  keep 
anybody  else  that  is  entitled  to  it  away  from  it.  It  is  not 
that.  I  will  tell  you  what  I  believe  it  is.  My  idea  of  con- 
servation is  that  the  government  from  now  on  proposes  to 


372  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

use  the  property  that  it  owns  for  the  best  interest  of  all  the 
people,  and  not  for  the  interest  of  some  favored  individual, 
organization  or  interest.  I  want  to  differentiate  right  here. 
I  want  to  speak  first  with  reference  to  the  oil  lands  because 
I  propose  to  stick  rather  closely  to  that  subject.  The  thing 
that  makes  oil  important  to  us  in  California  is  the  fact  that 
oil  means  power.  It  is  the  only  natural  fuel  we  have  in 
our  state,  and  outside  of  our  water,  it  is  the  only  thing  that 
nature  furnishes  us  to  get  power  from;  and  oil  with  us  means 
power,  and  power  in  the  present  economic  organization  of 
the  world  means  light  and  heat,  and  the  food  we  eat,  and 
the  clothes  we  wear,  and  the  material  that  goes  to  make  our 
homes,  and  the  furniture  we  have  in  our  homes,  and  trans- 
portation, and  everything  that  we  have  and  use  to  make  life 
bearable  or  desirable.  Power  is  the  one  great  factor,  the 
one  great  force  that  moves  the  civilized  world  today,  and 
oil  means  power  to  the  people  here  in  this  part  of  the  West. 
And  by  the  way,  right  here  while  we  are  on  the  question  of 
power,  I  want  to  illustrate  how  carefully  our  Uncle  Sam  has 
in  the  past  acted  as  trustee  for  the  individual,  as  the  gen- 
tleman who  preceded  me  has  just  told  you.  He  says  the  su- 
preme court  of  the  United  States  has  said  that  the  gov- 
ernment'holds  those  lands  in  trust  for  its  citizens.  That  is 
true.  And  he  adds  that  in  order  to  execute  that  trust  the 
United  States  must  make  haste  to  transfer  all  of  those  lands 
to  private  ownership.  Just  here  I  may  be  able  to  illustrate 
what  this  may  mean  by  telling  you  of  something  that  came 
to  my  knowledge  some  time  ago.  About  five  years  ago  I 
was  talking  with  a  gentleman  I  knew  very  well  and  whom  I 
liked  very  much,  who  happens  to  be  very  wealthy;  a  man 
who  has  handled  not  only  many  million  dollars  of  his  own, 
but  many  millions  of  other  capital,  which  has  its  center  in 
the  City  of  New  York.  This  gentlemen  said  to  me, ' '  I  own, ' ' 
and  he  meant  himself  and  the  companies  in  which  he  owned 
the  controlling  interest,  "I  own  water  rights  in  the  Sierra 
Nevada  mountains  extending  for  about  three  hundred  miles 
up  the  San  Joaquin  Valley  from  which  I  can  develop  be- 
tween three  and  four  hundred  thousand  electric  horsepow- 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        373 

er. ' '  Think  for  a  moment  of  this.  Not  a  city  of  that  valley 
can  take  one  atom  of  these  natural  resources  once  belonging 
to  all  the  people,  which  he  by  the  use  of  a  small  amount  01 
money  at  his  command  has  gotten  the  control  of,  and  he  has 
a  right  to  hold  out  these  great  resources  of  power  and  to 
dole  it  out  to  hundreds  of  thousands  of  the  people  of  this 
country  who  may  have  use  for  it,  and  let  them  have  it  at 
his  own  sweet  will.  Why  gentlemen,  the  very  thought  of 
that  sort  of  thing  is  a  thought  of  horror  to  me.  I  do  not 
believe  that  any  one  man  imbued  with  the  selfishness  which 
we  know  influences  and  controls  us  all,  however  good  we 
may  be — I  do  not  believe  that  one  man  should  be  allowed  to 
secure  control  of  these  huge  natural  resources  which  at  one 
time  belonged  to  all  of  the  people — resources  that  would  set 
a  hundred  thousand  looms  in  motion,  that  rightly  employed, 
would  give  comfort  and  employment  to  a  quarter  of  a  mil- 
lion of  men.  I  do  not  believe  that  any  one  man  should  be 
permitted  to  lock  these  resources  up  and  hold  them — hold 
something  that  belonged  to  all  the  people  at  one  time,  and 
dispose  of  them  as  he  sees  best,  and  for  whatever  price  he 
may  be  able  to  exact.  And  bear  in  mind  that  not  a  city  or 
community  in  that  great  valley  which  may  need  that  power 
to  light  its  streets  and  to  turn  the  humming  wheels  of  its 
industries,  and  to  bring  comfort  and  convenience  to  its  in- 
habitants, can  avail  themselves  of  one  atom  of  those  great 
resources  which  at  one  time  belonged  to  all  the  people, 
without  the  permission  of  this  man.  Do  you  think  the 
United  States  Government  acted  as  a  careful  trustee  in  per- 
mitting one  man,  because  he  had  a  few  dollars  at  his  com- 
mand, to  become  the  owner  of  those  enormous  natural  re- 
sources which  once  belonged  to  all  the  people,  and  should 
cither  continue  to  belong  to  them,  or  be  so  handled  by  the 
trustee  originally  holding  them  as  to  insure  the  people  hav- 
ing the  use  of  them  when  they  may  be  needed,  and  at  rea- 
sonable rates!  And  by  the  way,  I  believe  that  some  of  those 
enterprises  owned  by  the  gentleman  of  whom  I  am  speaking 
are  the  clients  of  the  gentleman  who  has  just  preceded  me 
on  this  rostrum.  This  gentleman  stated  a  moment  ago  that 


374  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

he  was  an  attorney.  Do  you  thing  the  United  States  Gov- 
ernment— I  want  to  repeat  the  question  and  I  want  an  an- 
swer from  the  bottom  of  your  hearts  as  honest  men  and 
good  citizens— acted  as  a  faithful  trustee  of  the  people's 
resources  in  surrendering  them  in  the  instance  that  I  have 
just  recited !  Do  you  thing  the  people  of  this  country  acted 
wisely  in  permitting  a  condition  of  that  sort  to  arise? 

Now,  there  are  certain  kinds  of  mining  which  naturally 
lend  themselves  to  the  control  of  capital  and  monopoly. 
For  instance:  it  requires  a  great  deal  of  capital  to  success- 
fully exploit  and  control  and  get  results  from  a  copper  mine 
on  account  of  the  costly  processes  you  have  to  employ.  That 
fact  has  worked  out  this  way.  I  do  not  think  I  have  to  tell 
you  gentlemen  who  are  miners,  that  there  are  a  few  inter- 
ests in  the  United  States  that  if  they  could  combine,  and 
they  will  combine  sometime,  unless  the  Government  takes 
steps  to  prevent  it — can  absolutely  control  the  production 
and  the  price  of  a  metal  which  has  become,  in  this  present 
age  of  electricity,  one  of  the  most  absolutely  necessary 
things  to  our  civilization.  It  is  the  same  with  oil.  You  not 
only  have  to  have  the  oil  wells,  but  in  order  to  avail  your- 
self of  an  oil  property  you  must  have  transportation.  One 
of  the  previous  speakers  said  in  his  speech  this  morning  that 
if  you  let  the  Government  control,  prices  would  go  all  to 
the  deuce.  His  idea  as  expressed  to  you  was  that  the  super- 
vision of  the  government  would  destroy  prices,  and  that  it 
was  unthinkable  that  anything  but  competition  should  reg- 
ulate the  price  of  oil.  Now,  I  want  to  tell  you  just  how  much 
competition  regulates  the  price  of  oil.  It  happens  that  I 
have  an  interest  in  an  oil  company  which  operates  in  the 
Midway  Field.  The  company  was  rather  lucky  in  develop- 
ing a  number  of  wells — very  good  wells;  one  a  very  large 
well;  one  of  the  greatest  in  that  field,  in  fact — within  the 
last  two  or  three  months,  so  the  Company  began  to  consider 
the  marketing  of  its  product,  and  we  took  the  matter  up. 
What  did  we  find?  The  report  of  our  manager  to  us  was. 
"You  have  to  sell  to  one  of  three  organizations,  because 
those  three  control  the  transportation,'7  and  we  actually 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        375 

had  to  contract  to  deliver  two  million  barrels  of  oil  at  25 
cents  a  barrel,  when  that  quality  of  oil  is  selling  at  the  pres- 
ent time  in  Los  Angeles  for  what — 85  cents  per  barrel. 

At  a  distance  of  125  miles  from  Los  Angeles  we  sold 
our  oil  at  25  cents  a  barrel  because  we  controlled  no  trans- 
portation, and  that  oil  is  sold  in  Los  Angeles  at  85  cents  a 
barrel  by  the  purchaser  who  controls  transportation. 

Now,  there  never  was  a  more  idle  thought  uttered  by  the 
babbling  tongue  of  an  idiot  than  to  say  that  competition  in 
the  production  of  oil  controls  prices  at  the  present  time. 
It  doesn't  do  anything  of  the  kind,  as  a  regular  thing,  and 
it  has  not  done  it  since  the  Standard  Oil  first  got  into  full 
operation  in  this  country. 

I  want  to  say  another  thing  to  you — that  within  the 
State  cf  California,  as  great  as  our  oil  fields  are,  there  are 
four  interests  which  control  today  the  largest  percentage  of 
the  discovered  oil  land  in  the  State,  and  these  four  interests 
control  all  the  transportation,  and  these  four  interests  could 
combine — as  they  probably  will  sometime  if  not  prevented 
by  the  government — and  the  entire  oil  industry,  now  and  for 
years  to  some,  probably  the  greatest  in  the  Nation,  will  be 
completely  in  their  control. 

Now,  as  I  understand  it,  conservation  means  that  the 
Government  proposes  to  prevent  these  oil  resources  getting 
out  of  its  possession  faster  than  the  interests  of  the  people 
require.  Why,  I  know  one  company  in  California,  composed 
largely  of  friends  and  acquaintances  of  mine,  whose  officers 
say  that  they  own  300,000  acres  of  oil  land  in  this  state. 
And  they  say  that  for  fifty  years  they  will  be  getting  oil 
out  of  their  land,  and  they  will  keep  that  oil  locked  up  there, 
and  turn  it  out  as  extensively  as  they  want  to,  and  at  a  price 
they  think  they  ought  to  have  for  it,  provided  they  are  able 
either  by  'their  own  control  of  production,  or  possibly  by 
combination  with  other  great  interests,  to  regulate  the  price. 
Now,  do  you  know  what  is  going  to  be  the  result  of  this 
condition  if  it  is  allowed  to  continue?  In  ten  years — in  five 
years,  possibly — there  won't  be  an  acre  of  oil  land  to  be 
had  by  a  private  individual  in  this  State,  And  then  the 


376  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

wealthy  companies  with  the  transportation  facilities  will 
get  together,  as  they  have  done  already,  for  practically  the 
price  of  certain  petroleum  products  is  now  controlled  by 
agreement  between  these  companies,  and  nearly  all  the 
proven  oil  land  is  also  controlled  by  them,  and  they  will 
continue  to  absorb  and  absorb  until  two  or  three  companies 
will  own  it  all,  and  then  one  company  or  combination  will 
get  that,  and  will  repeat  for  this  country  the  experience 
that  the  Standard  Oil  Company  gave  the  East  for  so  many 
years. 

As  I  understand  conservation,  the  Government  says 
this:  "We  propose  to  let  the  people  have  this  land  just  as 
rapidly  as  its  production  can  be  used,  and  we  propose  to 
dispose  of  the  land  under  conditions  which  will  prevent  all 
or  a  considerable  part  of  it  becoming  the  subject  of  a  mo- 
nopoly/' And  I  want  to  say  right  here  that  as  a  matter  of 
good  faith,  the  Government  must  make  good  the  title  to 
every  man  who  has  gone  on  a  piece  of  oil  land  and  inde- 
pendently and  in  good  faith  developed  that  land  before  the 
change  was  made  in  the  law.  It  must  do  it.  It  cannot  af- 
ford to  do  anything  else,  because  the  Government  cannot  af- 
ford to  indulge  in  bad  faith  to  its  citizens.  But  as  to  the 
land  that  was  not  entered  upon  at  the  time  that  the  change 
was  made  in  the  law,  as  I  understand  it,  the  Government 
proposes  to  say  MWe  will  hold  this  land  until  it  is  needed." 
I  do  not  understand  that  the  government  proposes  to  extort 
an  excessive  royalty  for  the  exploitation  of  its  mineral  lands. 
On  the  contrary,  I  understand  that  the  royalty  is  to  be  prac- 
tically a  minimum.  I  have  read  very  carefully  the  conser- 
vation literature  that  has  been  produced  by  this  movement 
since  it  started,  because  I  have  been  intensely  interested  in 
it,  and  I  very  much  favor  it  and  I  have  never  seen  any  such 
statement  as  was  quoted  by  Mr.  Smith  this  morning  to  the 
effect  that  the  Government  proposes  to  allow  the  man  who 
exploits  the  land  a  fair  interest  on  his  investment,  and  to 
take  all  the  rest.  On  the  contrary,  as  I  understand  conser- 
vation, what  the  government  will  ask  will  be  a  minimum — a 
very  small  return,  sufficient  perhaps  to  carry  on  the  admin- 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        377 

istration  of  the  department.  But  the  main  thing  will  be  this 
—that  the  land  shall  be  held  by  the  Government  so  that  the 
Government  can  see  that  it  goes  to  parties  who  will  not  per- 
mit it  to  get  into  the  hands  of  those  who  will  entirely  mo- 
nopolize its  products,  and  thus  use  it  for  the  oppression  of 
the  people.  And  it  appears  to  me  that  any  statement  to  the 
effect  that  the  Government  proposes  to  allow  the  man  who 
exploits  its  mineral  resources  only  a  fair  interest  on  his 
money,  and  will  take  all  the  rest,  is  not  only  without  author- 
ity but  is  a  gratuitous  attempt  to  prejudice  the  conserva- 
tion movement. 

We  talk  about  this  magnificent  period  of  progress  and 
prosperity  we  have  been  having  in  this  country.  Yes,  it 
has  been  a  very  prosperous  country.  But  the  signs  are 
changing,  gentlemen.  A  man  must  be  blind  and  deaf  who 
cannot  see  and  hear  the  warning  that  every  intelligent 
thinking  man  must  have  seen  and  heard  from  the  things  that 
have  been  appearing  upon  the  surface  in  the  developments 
of  the  last  ten  years.  For  instance :  there  was  a  time  when 
the  iron  and  coal  mines  of  this  country  were  offered  to  any- 
body who  would  exploit  them.  These  mines  have  become 
largely  controlled — monopolized.  And  the  advantage  which 
the  people  have  obtained  from  this  monopoly  may  be  gauged 
by  a  recent  occurrence  in  the  East  which  I  will  cite.  A  short 
time  ago  an  investigation  was  made  by  some  very  intelligent 
men  of  the  highest  character — a  commission  appointed  by 
an  organization  of  people  who  are  interested  in  the  better- 
ment of  social  conditions,  especially  of  the  laboring  classes 
— something  which  one  of  the  speakers  rather  sneeringly 
referred  to  as  "uplift"  a  while  ago.  These  investigators 
found  over  9,000  men  working  in  one  of  the  steel  works— 
The  Bethlehem  Works.  The  owners  of  these  works  were 
using  the  natural  resources  of  the  country — using  the  coal 
and  iron  that  had  gone  out  of  the  possession  of  the  people 
at  one  time  for  nothing,  and  the  men  who  were  reducing 
these  natural  resources  to  commercial  form — the  laboring- 
people— were  working  at  an  average  wage  of  $1.58  a  day, 
and  seven  days  a  week,  and  12  hours  or  over  a  day.  That  is, 


378  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

over  48  per  cent  of  the  9,000  were  so  working.  That  is  the 
way  the  natural  resources  are  being  used  by  those  who  have 
monopolized  them  in  certain  localities  for  the  benefit  of  the 
people.  We  do  not  want  them  so  used  by  men  who  may  own 
them  in  the  State  of  California.  God  save  the  State  of  Cali- 
fornia from  repeating  that  sort  of  experience!  I  say  to 
you  that  I  had  rather  risk  the  government  of  the  United 
States  as  the  trustee  of  the  natural  resources,  which  are  the 
property  of  all  the  people,  that  my  boys  may  have  a  chance 
to  handle  some  of  them,  than  I  would  risk  the  gentleman 
whom  I  have  just  quoted  as  stating  to  me  that  he  and  his 
companies  had  monopolized  over  300,000  horse  power  of 
water  of  this  State,  as  good  a  citizen  and  man  as  he  is. 

It  is  to  prevent  evils  of  this  sort,  gentlemen,  as  I  under- 
stand conservation  applied  to  the  California  oil  fields.  But 
the  government  does  not  propose  to  take  land  away  from 
anybody  who  went  on  it  previous  to  the  change  of  policy 
by  the  Government,  and  undertook  to  develop  it  in  good 
faith;  but  it  does  propose  that  land  which  had  not  been  en- 
tered on  before  the  order  of  withdrawal,  shall  be  held  by  the 
government  until  its  mineral  contents  are  needed,  and  when 
needed,  the  land  is  to  be  given  out  in  a  way  that  will  prevent 
its  ever  becoming  the  subject  of  monopoly.  And  that  is 
what  we  want.  That  is  what  every^  good  citizen  should 
want,  and  it  is  what  we  have  got  to  have  in  this  country, 
gentlemen,  unless  the  majority  of  the  people  of  this  country 
want  to  sink  eventually  into  a  state  of  peonage  and  be  gov- 
erned by  a  sort  of  power  that  is  worse  than  anything  Rome 
ever  dreamed  of,  to  which  the  gentlemen  referred  a  moment 
ago.  The  power  that  in  the  history  of  the  world  has  been 
proven  to  be  most  intolerable— a  plutocracy,  infinitely  worse 
than  an  aristocracy.  The  governments  that  have  witnessed 
the  greatest  oppression,  as  shown  by  the  history  of  the 
world,  have  been  founded  upon  plutocracy,  and  we  do  not 
want  that  sort  of  thing  in  our  country;  and  for  that  reason 
I  want  the  Government  of  the  United  States  to  act  as  a  real 
trustee  of  those  natural  resources  which  are  now  the  prop- 
erty of  all  the  people,  and  let  these  resources  go  out  for  the 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        379 

benefit  of  citizens  as  they  are  needed  and  in  such  a  way  as 
to  prevent  their  ever  being  monopolized  and  made  the  in- 
strumentality of  oppression  to  the  people  who  originally 
owned  them. 


ADDRESS  OF  MR.  GEO.  E.  WHITTAKER, 
Los  Angeles,  Calif. 

Mr.  President  and  Members  of  this  Congress:  Be- 
ing engaged  in  the  oil  mining  business  myself,  and 
also  representing  a  great  number  of  individuals  and  com- 
panies engaged  in  said  business,  I  have  listened  with  great 
interest  to  the  discussions  which  have  taken  place  both  yes- 
terday and  today  relative  to  this  matter,  and  to  say  the  least 
the  discussions  have  proven  greatly  instructive. 

I  wish  to  say,  however,  that  I  must  entirely  disagree 
with  the  views  expressed  by  Mr.  Fox,  for  whom  I  have  the 
utmost  respect,  in  regard  to  the  California  oil  industry. 

The  American  Mining  Congress  is,  as  I  understand, 
composed  of  about  1,300  members,  representing  energy, 
brains,  wealth  and  influence,  the  latter  two  qualities  na- 
turally following  as  a  sequence  upon  the  former.  It  has  now 
been  organized  about  13  years. 

For  five  years  past  the  Congress  has  been  endeavoring 
to  have  a  Bureau  of  Mines  created,  with  the  result  that  it 
has  at  last  succeeded,  due,  in  a  great  measure,  to  the  assist- 
ance rendered  by  the  members  of  the  Sierra  Madre  Club,  of 
this  City,  who,  at  their  own  expense  and  time,  have  fur- 
nished largely  the  means  and  methods  for  achieving  the  re- 
sult which  has  been  accomplished. 

This  Congress  is  composed  of  metal  miners,  coal  miners, 
quartz  miners  and  placer  miners.  It  has  been  sought  by 
some  persons,  including  Mr.  Fox,  to  draw  a  distinction  be- 
tween oil  and  placer  miners,  but  under  the  mineral  laws  of 
the  United  States,  gentlemen,  oil  has  been  classed  as  a  placer 
mineral,  and  is  governed  by  the  same  rules  and  regulations 
lhat  apply  to  placer  mining  claims.  The  same  form  of  lo- 
cation, the  same  annual  expenditure,  the  same  discovery  of 


380  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

mineral,  and  the  same  amount  of  expenditure  has  to  be 
made  in  order  to  obtain  a  patent  for  the  claim. 

As  was  remarked  by  your  President,  I  think,  last  night, 
one  of  the  objects  and  purposes  of  the  organization  of  this 
body  was  to  show  to  the  miners  of  all  classes  that  * '  in  unity 
there  is  strength, "  and  as  to  this  there  is  absolutely  no 
question. 

It  has  been  suggested  that  the  metal  miners,  as  dis- 
tinguished from  the  oil  miners,  might  seek  to  control  all 
mining  legislation,  but,  gentlemen,  every  miner,  no  matter 
whether  he  is  a  coal  miner,  quartz  miner,  placer  miner,  or 
oil  miner  is  built  on  broad-guaged  principles,  and  he  will  not 
seek  or  desire  to  control  legislation  on  any  branch  of  the 
mining  industry  which  is  independent  and.  distinct  from  that 
particular  branch  pursued  by  him. 

What  I  do  say  is  this,  that  I  believe  it  to  be  most  ad- 
visable for  the  executive  committees  of  the  various  oil  oper- 
ators' associations  to  get  together  and  suggest,  in  the  form  of 
a  resolution,  what  proposed  Act  or  law  they  desire  Congress 
to  pass  in  regard  to  the  oil  mining  industry,  and  have  this 
Congress  endorse  and  support  it,  and  if  such  is  done,  and  if 
you  endorse  and  support  it,  I  believe  it  will  add  great 
strength  and  efficiency  to  the  measure. 

This  Congress  represents  all  of  the  mineral  states  in 
the  Union,  and  possibly  others.  Naturally  the  members  of 
it  are  in  touch  with  their  respective  Senators,  Congressmen 
and  other  influential  people. 

I  firmly  believe,  gentlemen,  that  if  a  vote  was  taken 
today  you  would  find  the  majority  of  the  oil  operators  in 
favor  of  affiliating  with  your  body,  and  having  your  en- 
dorsement, believing  that  you  could  and  would  add  strength 
and  force  to  their  cause. 

Now  these  are  the  conditions  that  exist  in  the  oil  min- 
ing industry  today,  and  the  difficulties  and  hardships  the 
operators  are  confronted  with. 

Up  to  July  of  1908,  eight  men  forming  an  association 
among  themselves  could,  under  the  mineral  laws  of  the 
United  States,  make  a  placer  location  on  supposed  oil  land 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.         381 

of  160  acres,  or  a  quarter  section,  twenty  acres  to  each  lo- 
cator. 

After  the  making  of  such  location  it  was  the  custom 
for  the  locators  to  transfer  their  rights  in  such  locations  to 
one  man,  who  acted  as  trustee  for  the  others.  In  a  great 
many  instances  this  transfer  was  made  for  the  purpose  of 
obtaining  capital  to  develop  the  claim,  lack  of  capital  being 
not  uncommon  to  miners,  for  as  a  rule  they  are  not  men  of 
wealth  when  they  engage  in  the  industry  and  very  often 
not  at  the  finish. 

They,  therefore,  assigned  or  sold  a  portion  of  their  in- 
terests in  the  claim  to  a  third  party  who  proceeded  to  drill 
the  well  and  develop  oil,  and  upon  so  doing  an  application 
for  patent  was  filed  for  the  claim  and  a  patent  obtained  for 
the  whole  160  acres. 

Now  it  takes,  according  to  the  different  fields,  from 
three  months  to  two  years  to  drill  and  complete  a  well,  and 
the  expense  ranges  all  the  way  from  $5,000.00  to  $50,000.00. 

In  July,  1908,  the  former  rulings  of  the  Department  of 
the  Interior  in  regard  to  the  granting  of  patents  for  oil 
lands,  and  according  to  which  hundreds  of  patents  had  al- 
ready been  granted,  were  completely  reversed,  and  a  new 
ruling  made  in  what  is  now  known  as  the  "Yard  case," 
holding  that  where  an  assignment  had  been  made  by  the 
original  locators  of  an  oil  claim  to  a  third  party  prior  to  dis- 
covery of  oil  a  subsequent  discovery  did  not  validate  the 
original  location,  and  could,  at  best,  only  validate  twenty 
acres. 

After  that  decision  was  rendered  another  ruling  was 
made  by  the  Department  that  the  discovery  of  mineral  had 
to  precede,  or  exist  at  the  time  the  location  was  made,  and 
a  discovery  after  location  could  not  relate  back  and  validate 
the  location. 

In  addition  to  that  it  was  held  by  the  Department  that 
where  an  attorney-in-fact  had  been  appointed  by  the  lo- 
cators of  a  claim  to  apply  for  a  patent  for  it  in  their  behalf 
after  a  discovery  of  mineral  had  been  made  upon  the  claim, 
and  any  of  the  locators  resided  in  the  Land  District  wherein 


382  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

the  claim  was  situated  the  application  would  not  be  received 
and  not  only  that,  but  no  subsequent  application  for  patent 
for  the  claim  could  be  made  by  the  locators  themselves. 

Now,  gentlemen,  without  discussing  the  legal  question, 
I  say  this.  Men  who  have  gone  upon  these  lands  under  the 
mining  laws  of  the  United  States,  and  the  Statutes  relating 
to  same,  have  made  mineral  filings  thereon,  and  have  suf- 
fered the  hardships  and  privations  incident  to  the  occupa- 
tion of  mining,  and  who  have  faithfully  expended  their  time 
and  money  in  seeking  to  wrest  the  mineral  from  these  desert 
lands,  are  entitled  to  justice,  and  I  do  not  believe  that  our 
Government  can  afford  to  repudiate  their  claims  and  say 
that  because  through  ignorance,  and  basing  their  right 
upon  a  custom  which  has  existed  for  years  and  been  recog- 
nized by  the  Interior  Department,  that  having  transferred 
their  interests  to  one  of  their  number,  or  a  third  party,  prior 
to  the  discovery  of  mineral,  they  are  not  entitled  to  a  patent 
for  the  claim. 

In  addition  to  that,  I  say  that  any  miners  who  went  upon 
these  desert  lands  and  expended  their  money,  their  time, 
and  their  labor,  in  seeking  to  develop  the  mineral  contained 
therein,  and  who  before  they  had  succeeded  in  discovering 
and  developing  that  mineral,  which  takes  all  the  way  from 
six  months  to  three  years,  were  at  the  time  of  the  order  of 
withdrawal  in  the  actual  occupancy  of  said  land,  and  were 
in  good  faith  engaged  in  drilling  operations  for  such  min- 
eral, I  say  they  have  an  equitable  right  in  those  lands,  and 
the  Government  of  the  United  States  is  under  the  highest 
moral  obligation  to  see  that  they  are  protected  in  their 
occupancy,  and  the  lands  patented  to  them  after  discovery. 

It  is  true  that  some  of  the  questions  I  have  referred  to 
are  pending  in  court  and  before  the  Secretary  of  the  Inter- 
ior for  final  decision,  but  you  all  know  what  litigation 
means,  and  the  length  of  time  before  it  is  determined. 

So  that  I  say  the  oil  miners  need  your  hearty  co-opera- 
tion in  approving  and  endorsing  such  Bill  or  Act  for  their 
relief  as  they  may  see  fit  to  present,  through  their  repre- 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.      2$3 

sentatives  in  the  next  Congress,  and  I  sincerely  hope  that 
you  will  give  us  such  co-operation. 

Now  as  to  the  leasing  proposition: 

Mr.  Graham  remarked,  and  he  did  so  in  the  utmost  good 
faith  I  am  sure,  that  a  great  many  people  had  located  oil 
lands  for  speculative  purposes,  and  afterwards  transferred 
their  rights  therein,  and  that  large  corporations  were  oper- 
ating the  same  and  deriving  the  benefit,  and  that  what 
should  be  done  in  order  to  remedy  this  abuse  would  be  to 
put  the  leases  up  at  auction.  Gentlemen,  and  Members  of 
this  Congress,  what  earthly  show  in  such  event  would  a 
poor  man  have  who  had  just  about  a  grub-stake  to  his  name 
to  obtain  one  of  these  leases  as  against  a  rich  corporation. 

Again,  let  me  tell  you  this,  when  these  poor  miners  first 
went  out  into  what  is  known  as  the  West  Side  Oil  Fields  of 
Kern  county,  made  mining  locations  on  these  desert  lands, 
and  camped  in  huts  and  lived  the  best  they  could  under 
the  circumstances,  it  attracted  the  attention  of  men  of  means 
to  the  territory,  and  believing  the  same  to  be  mineral  lands 
they  put  upon  them  State  lieu  selections,  Forest  lieu  selec- 
tions, Desert  entries,  and  Homestead  entries.  What  do  you 
think  they  put  them  on  for.  Was  it  for  the  purpose  of  mak- 
ing their  homes  there,  or  for  the  purpose  of  reclaiming  these 
arid,  barren  and  unproductive  desert  lands,  or  for  the  pur- 
pose of  raising  cattle  or  grain,  or  any  agricultural  purposes. 
No,  gentlemen,  those  selections  and  entries  were  made  by 
those  parties  solely  and  only  for  the  purpose  of  obtaining 
title  to  valuable  mineral  lands  under  the  guise  of  agricul- 
tural lands.  Can  you  blame  the  miner  for  seeking  to  enlist 
capital  to  help  him  develop  his  claim,  discover  the  mineral, 
and  defeat  such  selections  and  entries.  No. 

Now,  gentlemen,  as  to  the  withdrawal  order: 

Congressman  Smith  stated  that  in  his  opinion  not  any 
one  of  the  three  methods  which  he  had  seen  proposed  and 
discussed  by  certain  newspapers  for  the  purpose  of  regulat- 
ing the  control  of  oil  bearing  lands  belonging  to  the  United 
States  was  practical  or  feasible,  and  I  thoroughly  agree  with 
him. 


384  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

I  believe  that  letting  the  law  remain  as  it  is,  with  cer- 
tain minor  amendments,  is  the  most  practical  solution  of 
our  difficulties.  It  is  no  doubt  true  that  in  the  past  certain 
large  interests  have  acquired  large  tracts  of  mineral  lands. 
This  was  due,  I  think,  to  the  fact  that  when  our  placer  min- 
ing laws  were  enacted  by  Congress,  petroleum  oil,  as  a 
placer  mineral,  was  not  contemplated  or  thought  of  by  the 
lawmakers.  Such  evil  could,  however,  be  easily  corrected, 
and  the  law  amended  so  as  to  relegate  each  individual,  or 
association,  seeking  to  obtain  title  to  oil  lands,  to  a  certain 
number  of  acres  and  no  more. 

In  addition  to  this,  gentlemen,  there  is  one  thing  that  I 
think  should  be  done,  and  a  law  to  that  effect  sought  to  be 
passed  by  the  mining  interests.  It  is  this.  When  either  an 
individual,  or  an  association  of  individuals,  file  a  mineral 
location  upon  what  is  supposed  to  be  mineral  land,  enter 
into  the  occupancy  thereof,  erect  cabins,  and  proceed  in 
good  faith  to  prepare  to  drill  for  oil  that  they  should  be  ab- 
solutely protected  in  their  possession  and  their  rights  to 
the  land. 

And  that  they  should  not,  as  was  mentioned  by  Mr. 
Graham,  have  to  resort  to  either  force  or  arms  to  prevent 
their  claims  being  jumped  by  rich  corporations. 

In  conclusion  I  wish  to  say,  gentlemen,  that  the  first 
thing  in  my  mind  for  the  oil  men  to  do,  and  this  Congress 
to  support,  is  to  obtain  some  law,  or  Act  of  Congress,  which 
will  protect  the  men  who  were  upon  these  lands  prior  to  the 
withdrawal  order  of  the  President,  of  July  2nd,  1910,  and 
who  were  at  the  time  of  such  order  actually  engaged,  in 
good  faith,  in  spending  their  money  and  developing  mineral 
thereon,  and  preserve  their  rights  to  the  land  whether  they 
had  discovered  mineral  or  not  at  the  time  of  the  withdrawal 
order. 

As  to  lands  upon  which,  at  the  time  of  the  withdrawal 
order,  work  was  not  being  actually  proceeded  with,  although 
mineral  locations  had  been  filed  thereon,  that  is  a  matter  to 
be  taken  care  of  later  in  my  judgment. 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        385 

All  we  desire,  I.  take  it,  is  tluit  when  any  Act  of  Con- 
gress is  passed  or  proposed  relating  to  such  lands  it  will 
be  of  such  a  character  as  will  be  equitable  and  fair  to  lo- 
cators of  such  lands. 


ADDRESS  OF  MR.  S.   C.   GRAHAM, 
Los  Angeles,   Calif. 

The  first  and  most  important  purpose  of  Federal 
islation,  regulating  the  disposition  of  publicly  owned  oil 
lands,  should  be  the  prevention  of  monopoly  and  securing 
ior  the  people  as  large  a  net  return  as  possible  from  the 
sale  or  rental  of  these  lands. 

It  is  not  necessary  that  the  government  should  give 
away  its  oil  lands  to  encourage  and  promote  the  oil  industry 
in  California.  In  the  Appalachian  fields,  where  oil  was  first 
produced  and  where  the  business  soon  grew  to  enormous 
proportions,  practically  all  of  the  land  was  owned  by  private 
individuals.  The  operators  were  compelled  to  compete  with 
one  another  in  the  purchase  or  lease  of  these  lands.  The 
royalty  or  purchase  price  varied  greatly,  depending,  as  must 
be  the  case  everywhere,  under  fair  competitive  conditions 
on  the  richness  or  supposed  richness  of  the  oil  deposits.  The 
usual  royalty  in  ordinary  territory  was  about  1-8,  but  in 
some  instances  as  high  as  1-2  royalty  and  a  considerable 
sum  per  acre  as  a  bonus  was  paid.  Under  the  conditions 
existing  there,  venturesome  operators,  generally  operating 
on  leased  ground,  have  drilled  thousands  of  wells  miles 
away  from  any  producing  territory — by  far  the  larger  num- 
ber of  which  were  failures.  The  same  conditions  have  ex- 
isted in  practically  all  of  the  oil  fields  in  the  eastern  half 
of  the  United  States. 

If  in  the  East,  oil  lands  had  been  publicly  owned  and 
the  Government  had  exacted  from  the  operators  just  the 
same  terms  they  were  compelled  to  make  with  private  own- 
ers, can  any  one  possessing  a  grain  of  common  sense  assume 
that  development  and  production  there,  would  have  been 
in  any  way  checked  or  retarded!  But  here  in  the  West, 
where  a  large  portion  of  the  lands  containing  oil  are  pub- 
licly owned,  the  assertion  is  made  by  some  of  those  engaged 


386  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

in  the  business  of  producing  oil,  tliat  if  the  Government 
were  to  exact  a  royalty  or  ask  for  compensation  of  any  kind 
in  any  way  commensurate  with  the  value  of  the  lands,  drill- 
ing would  at  once  stop  and  the  oil  industry  here  would  be 
ruined.  Most  of  the  men  who  are  making  this  assertion, 
have  themselves  purchased  or  leased  land  from  private  own 
ers  and  bought  claims  and  locations  on  Government  land, 
and  that  too,  in  most  instances,  land  upon  which  no  work 
had  been  done. 

Their  position  is  that,  while  they  are  willing  to  pay  to 
some  one  to  whom  the  Government  has  given  the  land,  a 
good  stiff  price  for  it,  it  would  be  an  outrage  if  they  were 
asked  to  purchase  or  lease  it  from  the  Government  direct. 

The  Southern  Pacific  Bail  way  Company  holds,  under 
grant,  each  alternate  section  in  'the  richest  oil  fields  in  the 
State.  I  think  most  of  the  men  who  are  in  favor  of  continu- 
ing the  old  conditions,  will  agree  with  me  that  whatever  the 
legal  status  of  the  case  may  be,  the  railroad  company  has  no 
moral  right  to  these  lands,  but  while  they  are  denouncing 
the  Southern  Pacific  for  having  wrongfully  secured  pos- 
session of  these  valuable  lands,  they  are  at  the  same  time 
asking  the  Government  to  give  them  the  rest  of  it. 

A  good  deal  of  indignation  is  expressed  in  some  quarters 
that  any  one  should  advocate  a  change  in  the  law  that  would 
secure  for  the  Government  some  return  for  the  property  it 
owns.  In  the  opinion  of  some,  the  man  who  is  advocating 
the  disposition  of  Government  owned  lands  under  fair  com- 
petitive conditions,  is  at  the  best  a  socialist  with  a  strong- 
tendency  toward  anarchy, 

I  submit  that  any  man  in  any  business  ought  to  be  will- 
ing to  operate  under  fair  competitive  conditions,  and  if  he 
is  not  willing,  he  should  be  compelled  to  submit  to  such  con- 
ditions. Under  fair  competition  in  the  business  of  produc- 
ing oil,  as  in  everything  else,  a  man  will  secure  what  his 
ability  and  his  industry  entitle  him  to.  Any  one  wanting 
or  demanding  more  should  receive  no  consideration  what- 
ever. 

If  advocating  a  change  that  will  result  in  giving  to  each 
man  what  he  is  justly  and  fairly  entitled  to,  no  more  and  no 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        387 

« 

less,  is  socialism,  then  I  am  a  socialist.  But  I  contend  that 
my  position  and  that  of  others  who  are  advocating  the  same 
principles,  is  the  reverse  of  socialism.  The  idea  entertained 
that  all  of  the  publicly  owned  lands  belong  to  the  men  en- 
gaged in  the  oil  business  is  absolutely  a  mistaken  one.  Their 
interest  in  these  lands  is  just  the  same  as  that  of  any  other 
citizen  of  the  United  States. 

The  only  way  in  which  the  value  of  these  lands  can  be 
distributed  among  the  real  owners,  is  to  secure  for  them  as 
much  as  any  one  is  willing  to  give.  If  there  is  any  other 
way  to  accomplish  it,  it  has  not  yet  been  called  to  my  at- 
tention. 

It  has  been  said  that  the  oil  men  who  go  into  new  dis- 
tricts and  take  the  risk  of  spending  their  money  where  they 
may  receive  no  return,  should,  when  successful,  be  entitled 
to  keep  for  themselves  whatever  the  land  contained.  The 
fact  is,  that  generally  only  one  man  or  corporation  is  inter- 
ested in  drilling  the  first  well  in  a  district.  If  they  are 
successful,  not  only  the  value  of  the  land  which  they  hold  is 
enhanced,  but  also  that  of  sometimes  thousands  of  acres  of 
adjoining  property.  The  assertion  made  by  some  that  those 
who  have  participated  in  no  way  in  the  risk  connected  in 
drilling  the  first  well,  should  be  given  the  adjoining  land, 
seems  to  me  without  foundation  in  justice  or  in  reason. 

The  men  putting  down  the  first  well  do  deserve  con- 
sideration, and  under  fair  conditions,  they  would  receive 
it,  because  they  would  secure  their  land  at  the  minimum 
cost  fixed  by  law.  When  a  well  has  been  started  in  an  un- 
proven  section,  the  practice  has  been  general  for  others  than 
those  engaged  in  the  enterprise,  and  who  were  fortunate 
enough  to  be  located  in  the  vicinity,  to  file  claims  upon  ad- 
jacent land  and  to  hold  it  without  any  cost  to  themselves 
until  the  territory  was  proven. 

Some  of  the  best  posted  men  in  the  business  claim  that 
no  piece  of  land  is  proven  oil  territory  until  it  is  producing 
oil.  This  in  a  sense  is  true,  but  that  does  not  alter  the  fact 
that  lands  adjoining  producing  territory  have  a  large  pros- 
pective or  speculative  value.  That  is,  they  would  sell  for  a 


388  PROCEEDINGS  AMERICAN  MINING  CONGRESS. 

big  price  because  of  the  strong  probability  that  they  con- 
tained oil. 

If  a  private  individual  owned  the  property  adjoining 
or  in  the  vicinity  of  the  producing  well,  his  right  to  dispose 
of  his  holdings  to  the  person  willing  to  give  the  most  for  it, 
would  not  be  questioned  by  any  one.  There  would  seem  to 
be  no  good  aiid  sufficient  reason  why  the  people  should  not 
have  the  same  right  in  disposing  of  the  property  belonging 
to  themselves. 

The  present  law,  even  if  the  spirit  of  it  were  observed, 
would  be  vicious,  because  it  encourages  and  almost  compels 
wasteful  and  uneconomic  development. 

Today  in  the  Kern  County  fields,  there  are  more  strings 
of  tools  running  than  in  all  of  the  other  fields  of  the  State 
combined.  Drilling  is  not  being  done  there  for  the  purpose 
of  producing  oil  to  meet  the  requirements  of  the  market,  but 
because  that  is  the  only  way  in  which  title  to  the  land  can 
be  secured. 

Oil  is  being  produced  for  which  there  is  no  market  and 
of  which  a  large  portion  is  lost  through  evaporation,  seep- 
age and  leakage;  and  this  waste  is  reducing  the  fuel  supply 
upon  which  the  industries  of  this  coast  must  depend  in  the 
future. 

But  the  spirit  of  the  law  is  not  observed.  Men  who, 
themselves,  have  had  no  intention  of  doing  any  develop- 
ment work  have  located  thousands  of  acres  of  land  for  the 
purpose  of  turning  over  their  claims  to  those  financially 
able  to  do  the  work  required  by  law. 

A  short  time  ago  I  received  a  copy  of  the  records  in  the 
land  office  in  Kern  County,  which  records  show  that  large 
tracts  of  land  have  been  filed  upon  recently  by  compara- 
tively few  men,  one  group  of  men,  and  presumably  only  one 
man  using  seven  names  with  his  own,  have  located  almost 
6,000  acres  of  land.  Most  of  these  locations  were  filed  two 
months  after  the  withdrawal  order  had  been  issued  by  the 
Secretary  of  the  Interior. 

It  would  be  interesting  to  know  what  disposition  was 
made  of  these  lands,  whether  they  have  found  their  way 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.        389 

into  the  hands  of  the  large  corporations,  and  if  so,  what  the 
locator  or  locators  received  in  exchange  for  them. 

I  do  not  know  whether  the  claims  to  which  I  have  re 
f erred,  were  among  those  held  by  gun  men  employed  by 
locators  or  their  successors  in  interest  but  it  is  a  matter  of 
common  knowledge  that  large  tracts  of  Government  laud 
were  taken  possession  of  and  held  by  force,  the  prize  go- 
ing to  the  man  or  corporation  able  to  hire  the  largest  num- 
ber of  guns,  and  I  rather  suspect  that  these  are  the  men 
who  want  the  present  law,  with  probably  some  slight  modi 
fications,  to  continue  in  force  for  the  benefit  of  the  poor 
prospector. 

When  the  Secretary  of  the  Interior  issued  the  with- 
drawal order  on  September  27  of  last  year,  a  large  number 
of  those  engaged  in  the  oil  business  regarded  that  order  as 
valid,  binding  and  proper  in  every  way,  and  because  of  that, 
refrained  from  filing  or  entering  upon  any  of  the  withdrawn 
lands.  Other  men  engaged  in  the  oil  business  took  a  differ- 
ent view  of  the  matter  and  went  forward  making  locations, 
and  beginning  work  on  the  withdrawn  lands,  the  same  as  if 
the  order  had  not  been  issued.  They  claimed  that  the  Sec- 
retary of  the  Interior  had  no  power  to  legally  withdraw 
these  lands,  that  they  had  just  as  good  a  right  to  them  as  if 
the  withdrawn  order  had  never  been  issued. 

I  have  taken  no  legal  advice  in  the  matter,  but  I  do  not 
agree  with  them.  The  Secretary  of  the  Interior  has  for 
years  been  withdrawing  lands  of  all  kinds  from  entry  and 
his  right  to  do  so  has  never  been  questioned.  It  is  hard 
for  the  layman  to  understand  how,  if  the  Secretary  of  the 
Interior  has  had  the  right  all  these  years  to  withdraw  coal 
lands,  timber  lands,  and  water  power  sites  from  entry,  he 
should  not  also  have  the  right  to  withdraw  oil  lands  from 
entry,  when,  in  his  judgment,  the  public  welfare  made  it 
necessary.  The  Courts  may  sustain  those  taking  the  op- 
posite view,  but  their  position  is  not  logical  when  they  as- 
sume that  the  first  duty  of  every  man  engaged  in  the  oil 
business,  is  to  get  back  of  them  and  support  them  in  their 
attempt  to  hold  the  withdrawn  lands  of  which  they  have 
taken  possession.  If  they  hold  these  lands  properly  and 


:!1H>  PROCEEDINGS  AMU  UK1  AN   MINING  CONGRESS. 

legally,  changing  the  conditions  under  which  the  oil  lands 
shall  be  disposed  of  in  the  future  could  in  no  way  affect  their 
rights.  If  they  do  not  hold  these  lands  properly  and  legally, 
they  are  not  entitled  to  them,  and  should  not  be  assisted  in 
their  efforts  to  retain  them,  and  this  without  any  regard  to 
how  much  work  they  have  done  or  how  much  money  they 
have  spent  on  the  withdrawn  lands. 

I  can  assure  these  men  there  is  no  inclination  on  the 
part  of  any  one  to  deprive  them  of  what  is  rightfully  theirs, 
but  there  is  a  very  strong  disposition  on  the  part  of  a  great 
many  to  have  the  Government  take  whatever  action  is  nec- 
essary to  restore  to  the  public  domain,  lands  that  are  being 
wrongfully  held  by  private  interests. 

The  large  companies  operating  in  California  fields  arc 
opposed  to  any  radical  change  in  the  law,  because  they  say 
it  would  prevent  the  poor  man  or  the  man  of  small  means 
from  going  into  the  business.  Some  of  their  representatives 
talk  earnestly  about  the  rights  of  the  man  who  goes  out  and 
toils  in  the  sun,  and  makes  the  discovery  of  oil  deposits,  and 
how  outrageous  it  would  be  if  he  were  deprived  of  the  op 
portunity  to  secure  the  reward  his  efforts  and  his  sufferings 
entitled  him  to. 

I  wish  to  say,  that  there  probably  has  been  no  unde- 
veloped territory  in  the  State  brought  to  the  attention  of 
the  real  operators  by  any  one  who  has  been  engaged  on  hi>- 
own  account  in  the  sort  of  work  described.  Probably  !),"> 
per  cent  of  the  locators  of  oil  lands  have  taken  it  without  any 
idea  of  ever  developing  it,  but  of  simply  placing  themselves 
in  a  position  where  they  could  demand  of  the  man  who  did 
want  to  develop,  a  money  consideration  for  that  privilege. 
Further  than  that,  most  of  the  land  located  and  disposed 
of  by  these  men,  who  are  not  operators  in  any  sense  of  the 
word,  has  been  taken  by  them  as  closely  as  possible  either 
to  producing  territory  or  to-  wells  being  drilled  by  others 
which,  if  successful,  would  make  the  property  they  were 
holding  valuable.  There  are  men  in  this  stale  who  have  he 
come  rich  in  this  manner,  and  that  without  having  risked 
one  dollar  of  their  own  in  developing  new  oil  territory. 


CONSERVATION  AND  CALIFORNIA'S  OIL  INDUSTRY.         391 

The.  men  who  locate  in  this  way,  for  the  purpose  of  sell- 
ing, usually  go  to  the  big  producing  companies  with  their 
holdings  when  they  wish  to  dispose  of  them.  For  that  rea- 
son the  effect  has  been  almost  the  same  as  if  the  large  com- 
panies had  been  employing  dummies  to  locate  the  land.  If 
the  method  of  securing  land  is  not  changed  in  the  near  fu- 
ture, a  few  corporations  .working  in  harmony,  will  control 
the  source  of  the  fuel  supply  on  this  coast. 

A  plea  that  is  being  made  to  the  Western  people  in 
favor  of  the  continuance  of  the  old  condition,  is  that  the  East 
has  been  permitted  to  dispose  of  its  publicly  owned  property 
without  any  Government  interference  whatever,  and  thp.c 
the  people  of  the  West  should  demand  the  same  right. 

I  do  not  and  cannot  believe  the  people  of  the  West  can 
be  persuaded  to  advocate  a  continuance  of  conditions  thai 
is  almost  certain  to  result  in  monopoly.  If  monopoly  is  es- 
tablished in  the  West,  the  Western  people  themselves  will 
be  the  principal  sufferers.  It  would  make  very  little  differ- 
ence to  the  people  living  in  Pennsylvania  or  New  York 
whether  or  not  a  fuel  monopoly  existed  in  California.  They 
might  even  see  an  advantage  in  that  condition  to  them- 
selves, as  it  would  very  much  restrict  the  territory  in  which 
manufactures  of  this  state  could  compete  with  similar  pro- 
ducts of  their  own. 

It  is  the  old  states'  rights  idea  over  again,  but  I  believe 
the  National  spirit  in  this  country  has  become  so  strong  that 
such  a  plea  can  no  longer  be  made  effective. 

In  conclusion  I  wish  to  say  that  the  Government  owned 
oil  lands  should  be  leased  in  comparatively  small  parcels, 
and  to  secure  uniformity  and  equality  the  law  must  be  Na- 
tional. 

The  royalty  should  be  a  cash  amount  per  barrel  rather 
than  a  portion  of  the  oil,  so  there  would  be  no  reason  for 
Government  interference  with  the  sale  of  the  product  after 
it  was  on  top  of  the  ground.  In  connection  with  the  leasing 
system  there  ought  to  be  competition  as  well,  the  leases  in 
every  case  going  to  the  highest  bidder;  and  to  prevent  mon- 
opoly, the  amount  of  Government  land  that  might  be  held 


392  PROCEEDINGS  AMERICAN  MINING  CONGRESS 

under  lease  by  any  individual  or  any  corporation  should  be 
restricted. 

I  have  been  told  such  a  law  would  mean  confiscation, 
but  I  must  say,  I  cannot  understand  how  a  law  dealing  with 
the  disposition  of  Government  land,  to  which  no  private  in- 
dividual has  ever  had  any  claim,  can  properly  be  regarded 
as  confiscation. 

One  thing  is  certain,  radical  change  in  the  law  is  in- 
evitable, and  there  can  be  no  question  but  that  if  the  oil  men 
of  this  State  get  together  and  exert  their  influence  to  secure 
fair,  just  and  equitable  legislation,  they  will  succeed. 

Will  they  do  it? 


YC  01631 


*t6 

210515 


